Kolkata Court December 2013 Judgments
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Pastor Merchants Pvt. Ltd. Vs. the Registrar of Companies West Bengal
Court: Kolkata
Decided on: Dec-23-2013
ORDER SHEET CP No.831 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE PASTOR MERCHANTS PVT.LTD.Versus THE REGISTRAR OF COMPANIES WEST BENGAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd December, 2013. Appearance : Ms.Chandrima Joshi, Adv.for ROC. The Court : The petition is for resurrecting a company which has been struck off the list of functioning companies under Section 560 of the Companies Act, 1956 for the statutory records and documents not having been filed. The Registrar has filed a statement indicating therein that a total amount of Rs.44,000/- on account of filing fees, additional fees and penalty would be the due from the company to the Central Government if the statutory records not filed earlier were to be filed now. The petitioner accepts such position and is agreeable to pay the amount. Subject to the petitioner paying a sum of Rs.44,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name o...
Tarini Financial Advisory Ltd. and anr. Vs. Smt. Krishna Dhar and anr.
Court: Kolkata
Decided on: Dec-23-2013
ORDER SHEET GA NO.3676 OF2013WITH CS NO.444 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TARINI FINANCIAL ADVISORY LTD.& ANR. Versus SMT. KRISHNA DHAR & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 23rd December, 2013. Mr.Ranjan Bachawat, Mr.S.Senappear. Mr.D.Dhar, Ms.M.Das,Mr.R.Dharappear. Mr.A.Chowdhury, senior advocate, Mr.K.R.Thakkarappear. The Court : I have considered the report of the Special Officer. The plaintiffs are described as rank trespassers by learned counsel for the defendants; and M/S.Essem Enterprises PVT.Ltd., which is represented by Mr.Ahin Chowdhury, learned senior advocate. However, the Special Officer in his report has found the plaintiffs to be in possession of five rooms on the ground floor and one room on the fiRs.floor. This is also disputed by the defendants. I have also considered the photographs shown by Mr.Bachawat showing parking of cars at the entrance to the premises. None can deny that even if it is as...
August Apartments Pvt. Ltd. Vs. Registrar of Companies, W.B.
Court: Kolkata
Decided on: Dec-23-2013
ORDER SHEET CP No.772 OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE AUGUST APARTMENTS PVT.LTD.Versus REGISTRAR OF COMPANIES, W.B.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 23rd December, 2013. Appearance : Mr.Swagata Datta, Adv.for the respondent. The Court : The petition is for resurrecting a company which has been struck off the list of functioning companies under Section 560 (6) of the Companies Act, 1956 for the statutory records and documents not having been filed. The Registrar has filed a statement indicating therein that a total amount of Rs.12,000/- on account of filing fees, additional fees and penalty would be the due from the company to the Central Government if the statutory records not filed earlier were to be filed now. The petitioner accepts such position and is agreeable to pay the amount. Subject to the petitioner paying a sum of Rs.12,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name ...
indrani Panja Vs. Gic Housing Finance Limited and ors.
Court: Kolkata
Decided on: Dec-20-2013
W.P.No.1200 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE INDRANI PANJ.Versus GIC HOUSING FINANCE LIMITED & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th December, 2013. Appearance: Mr.P.C. Das, Adv. for the Petitioner Mr.L.Vishal Kumar, Adv. for the Respondent No.3 Mr.Mrinal Kanti Mukherjee, Adv. for the G.I.C.The Court : The borrower is not represented despite being added and despite being served. The petitioner complains of the sale of a property by the bank at an under-value and by not allowing the petitioner to participate in the sale. Immediately upon this matter being taken up for the fiRs.time, the private-respondent was required to raise the bid whereupon the bid was raised to Rs.11.50 lakh by the private-respondent through its director present in Court. The petitioner had also bid Rs.11 lakh for the same property. The property had been valued at about Rs.5.6 lakh pursuant to the valuation obtained by the respondent-bank in ...
Hooghly Alloy and Steels Co. Pvt Ltd and ors. Vs. Union of India and o ...
Court: Kolkata
Decided on: Dec-20-2013
W.P.No.1176 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE HOOGHLY ALLOY AND STEELS Co.PVT LTD AND ORS.Versus UNION OF INDIA AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th December, 2013. Appearance: Mr.Ranjan Kali, Adv.with Ms.Mitali Chakraborty, Adv. for the Petitioners Mr.S.B.Saraf, Adv.with Mr.G.N. Jajodia, Adv. for the ICICI Bank. Mr.Utpal Bose, Adv.with Ms.Suchishmita Chatterjee(Ghosh).Adv.Mr.M.K. Seal, Adv. for the Respondent No.2 Mr.Anuj Singh, Adv. for Axis Bank LTD.The Court : The petitioners challenge an order dated September 24, 2013 which appears to be available in a printed form in paragraph the of office the of the printed Banking form has Ombudsman. blanks to The fiRs.accommodate entries pertaining to the date of complaint, the name of the bank and the nature of the complaint. The reasons are indicated in the remaining several lines of the printed form of the order. The grievance in this case was that despite the fi...
R.D. Fan Ltd. Vs. Parekh Aluminex Ltd. and ors.
Court: Kolkata
Decided on: Dec-20-2013
ORDER SHEET CC NO.82 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Jurisdiction [contempt].ORIGINAL SIDE R.D.FAN LTD.Versus PAREKH ALUMINEX LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 20th December, 2013. Mr.Abhrajit Mitra, Adv., Ms.R.Kajaria, Adv., Mr.Jishnu Chowdhury, Adv., Mr.Sarbapriya Mukherjee, Adv., Mr.Soumabha Ghose, Adv., for the petitioner. Mr.Suman Dutta, Adv., Mr.Pradip Jewrajka, Adv., for the contemnors nos.1, 4, 5 & 6. Ms.Manju Bhuteria, Adv., Ms.Shreya Chowdhury, Adv., for the contemnor nos.2, 3 & 7. The Court : In this contempt application the orders of which violation has been alleged are dated June 17, 2013 and July 8, 2013. By the order dated June 17, 2013 the earlier order passed on March 19, 2013 was modified by directing the defendant no.1 to collect the monies which it was to receive and to deposit the same in an account to be opened in any nationalised bank. Particulars of such account was to be intimated to the Advocate-on-Record of the plaintiff. The ...
Sirmour Remedies (P) Ltd. Vs. Kepler Healthcare Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Dec-20-2013
IN THE HIGH COURT AT CALCUTTA ORDIANRY ORIGINAL CIVIL JURISDICTION GA No.3276 of 2013 GA No.3427 of 2013 CS No.387 of 2013 Sirmour Remedies (P) LTD.Versus Kepler Healthcare PVT.LTD.& ORS.GA No.3277 of 2013 GA No.3428 of 2013 CS No.388 of 2013 Mankind Pharma LTD.& Anr. Versus Kepler Healthcare PVT.LTD.& ORS.GA No.3278 of 2013 GA No.3426 of 2013 CS No.386 of 2013 CC No.133 of 2013 Mankind Pharma LTD.& Anr. Versus Kepler Healthcare PVT.LTD.& ORS.GA No.3279 of 2013 GA No.3425 of 2013 CS No.385 of 2013 Pharma Force Lab & Arn. Versus Kepler Healthcare PVT.LTD.& ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 20th December 2013 Appearance: Mr.S.K. Kapoor, Sr.Advocate Mr.Pratap Chatterjee, Sr.Advocate Mr.Debal Banerjee, Sr.Advocate Mr.S.N. Mookherjee, Sr.Advocate Mr.Tilak Bose, Sr.Advocate Mr.Ranjan Bachawat, Advocate Mr.Debnath Ghosh, Advocate for the plaintiffs Mr.Ajay Kr. Gupta, Sr.Advocate Mr.Jatin Trivedi, Advocate Mr.Ankur Jain, Advocate Mr.Tejendra Singh Jhala, Advocate Mr.Nakul Sharad...
People United for Better Living in Calcutta and anr. Vs. State of West ...
Court: Kolkata
Decided on: Dec-20-2013
ORDER SHEET WP NO.1225 OF2013IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE PEOPLE UNITED FOR BETTER LIVING IN CALCUTTA & ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 20th December, 2013. Mr.Siddharta Mitra, Senior Advocate Mr.Dhruba Ghosh, Advocate Mr.Varun Kedia, Advocate for the petitioner. Mr.Bimal Chatterjee, Advocate General Mr.Paritosh Sinha, Advocate Mr.Ayan Banerjee, Advocate for the State. Mr.Bimal Chatterjee, Advocate General Mr.Alok Kumar Ghosh, Advocate Mr.Swapan Kumar Debnath, Advocate for the KMC. The Court : This Public Interest Litigation would relate to an allegation of indiscriminate fall of trees in Camac Street, one of the busy thoroughfare in the heart of Calcutta. No one would dispute, the roads would need widening. Yet, the ecology must not be disturbed. The petitioners being the environmental activists have thus approached us by filing this Public ...
Srei Equipment Finance Ltd. Vs. the Owners and Parties in the Vessles
Court: Kolkata
Decided on: Dec-20-2013
ORDER SHEET G.A.No.3666 2013 With A.S.8 of 2013 IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD.Versus THE OWNERS AND PARTIES IN THE VESSLES MV PRIYANKA, M.V.NAFISA-I (FORMERLY KNOWN AS M.V.PRANIK PRAVESH) AND SAGAR SEVAK BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 20th December, 2013. Appearance: Mr.Ratnanko Banerjee, Adv.Mr.R.Ghosh, Adv.Mr.S.Banerjee, Adv.Ms.A.Mitra, Adv.Ms.U.Chatterjee, Adv. for the applicant Mr.Ranjan Bachawat, Adv.Mr.S.Basu, Adv.Mr.P.K. Mahesthwari, Adv.Mr.S.Sarkar, Adv.Mr.S.Dasgupta, Adv. for the defendants The Court: The Court: A point of demurer is taken by Mr.Bachawat that the Admiralty jurisdiction cannot be exercised in respect of a vessel of Indian Origin. A Coordinate Bench judgment rendered in the case of Porto Maina Maritime Sa versus Owners & Parties Interested In The Vessel M.V.Gati Majestic (A.S.No.1 of 2012).is placed before this Court in support of the above contention, wherein it is held that the Ad...
M/S Narsingpore Tea Co. (P) Ltd. Vs. Pradip Tusnial and ors.
Court: Kolkata
Decided on: Dec-20-2013
ORDER SHEET TA No.129 of 2013 T No.332 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S NARSINGPORE TEA Co.(P) LTD.Versus PRADIP TUSNIAL & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 20th December, 2013. Appearance: Ms.Rituparna De, Advocate for the plaintiff/petitioner Mr.Jishnu Chowdhury, Advocate Mr.Arif Ali, Advocate for the respondents Mr.Srijit Chakraborty, Advocate Mr.Syed Nurul Arefin, Advocate for respondent No.5 The Court: A dispute has arisen on the 16th floor of the building, Chatterjee International Centre at Jawaharlal Nehru Road, Kolkata. The plaintiff states that it is the owner of two flats on this floor and that the defendants are making an encroachment of the same and interfering with their possession. Mr.Chowdhury, learned Advocate for the defendants, cited a family settlement and argued that the defendants/respondents are in occupation of a part of the flats as a result of this. The plaintiff is supported by the def...
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