Kolkata Court December 2013 Judgments
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Cholamandalam Investment and Finance Co. Ltd. Vs. Bahubali Tmt Bars Pv ...
Court: Kolkata
Decided on: Dec-19-2013
AP No.829 of 2013 AP No.830 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction CHOLAMANDALAM INVESTMENT & FINANCE Co.LTD.Versus BAHUBALI TMT BARS PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 19th December, 2013. Mr.Chayan Gupta, Adv.appears The Court : The respondents are not represented despite previous service. The common Receiver in the two matters has filed reports indicating that one of the flats mortgaged in favour of the finance company has been sealed, possibly upon some secured creditor taking action in respect thereof under the provisions of Securitisation and Reconstruction of Finanacial Assets and Enforcement of Security Interest Act, 2002. The petitioner says that the petitioner has to ascertain which bank has taken such steps since the original deeds pertaining to such sealed property is deposited with the petitioner. In view of the respondents conduct relating to the other property, the petitioner says that the Receiver should ...
L and T Finance Limited Vs. Techno Global Services Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Dec-19-2013
AP No.1254 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED Versus TECHNO GLOBAL SERVICES PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 19th December, 2013. Appearance: Mr.A.Mitra, Adv.Mr.Debajyoti Basu, Adv.The Court : The respondents are represented and indicate their inability to make payment of a sum of Rs.20 lakh in terms of an observation of the Court on the previous occasion. The respondents have carried an instrument for Rs.10 lakh. The petitioner claims that a sum in excess of Rs.86 lakh is due in terms of the agreement and even the monthly instalments are in excess of Rs.10 lakh. According to the respondents, the machine imported by the respondents has broken down following which an insurance claim has been made with the full knowledge of the finance company. The respondents say that the insurance claim would be prejudiced if a Receiver is directed to take possession of the asset, particularly, s...
L and T Finance Ltd. Vs. M/S. N.C. Banerjee and Son and anr.
Court: Kolkata
Decided on: Dec-19-2013
AP No.1027 of 2013 AP No.1029 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.Versus M/S.N.C.BANERJEE & SON & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 19th December, 2013. Appearance: Mr.A.Mitra, Adv.Mr.Gautam Brahma, Adv.The Court : Since the matters had earlier been adjourned on the representation of advocate for the respondents that payments would be made and such payments have not been made and advocate seeks to withdraw from the proceedings, an appropriate order needs to be passed. The petitioner claims that a sum in excess of Rs.7.82 lakh is due on account of unpaid instalments in respect of these two matteRs.Since the matters had been adjourned at the behest of the respondents and on the representation of the respondents that substantial payments would be made, it is necessary that a Receiver be appointed to immediately take possession of the assets. Accordingly, Mr.Arun Kumar Das, Advocate, of Bar Associa...
Hem Prakash Surana Vs. Abhay Singh Surana and ors.
Court: Kolkata
Decided on: Dec-19-2013
ORDER SHEET GA No.3720 of 2013 APOT No.578 of 2013 With CS No.48 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction HEM PRAKASH SURANA Versus ABHAY SINGH SURANA & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DEBANGSU BASAK Date : 19th December, 2013. Mr.Anirban Roy, Mr.Soumabha Ghose for the appellant. Mr.Pradeep Sancheti for respondent no.1. Mr.Jishnu Saha, Mr.Sakhya Sen, Mr.Pradeep Kumar for Gourav Surana. Mr.Jishnu Chowdhury for proforma respondent. The Court : The facts are too ugly. One generation created a trust for the generation next. As per the wish of the settlors their sons would be the trustees to hold the property for the benefit of the next generation. By this way four generations were taken care of. The settlors died. The next generation being the parents of the appellant started acting as trustees. Under the trust their sons would be the beneficiary in case of their death. Thus the present litigation would involve three genera...
L and T Finance Limited Vs. Subhasish Chanda and anr.
Court: Kolkata
Decided on: Dec-19-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.1252 of 2013 L & T FINANCE LIMITED Versus SUBHASISH CHANDA & ANR. AND AP No.1270 of 2013 L & T FINANCE LIMITED Versus SANTANU CHANDA & ANR. AND AP No.1309 of 2013 L & T FINANCE LIMITED Versus SUBHASISH CHANDA & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 19th December, 2013. Appearance: Mr.P.Sinha, Adv.Mr.Billawadal Bhattacharjee, Adv.The Court : The respondents are represented but indicate their inability to pay even a sum of Rs.10 lakh on account of the defaulted instalments though the quantum of default is in excess of Rs.20 lakh. In such view of the matter, Mr.Ranjan Saha, Advocate, of Bar Association Room No.17 is appointed Receiver for the purpose of taking over possession of the assets as expeditiously as possible. The Receiver will be paid an initial remuneration of 1200 GM and all expenses for the Receivers travel, accommodation and the like will be borne by the petitioner and ad...
Tif (Concast) Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-18-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.1221 OF2013TIF (CONCAST) LTD.Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioner has sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way of int...
M/S. Prabhu Poly Color Pvt. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-18-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP1182OF2013M/S.PRABHU POLY COLOR PVT.LTD.Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Mr.Somak Basu, Advocate for petitioner The Court : The petitioner has sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way ...
R. Piyarelall Iron and Steel Pvt. Ltd. Vs. Fair Deal Supplies Ltd.
Court: Kolkata
Decided on: Dec-18-2013
AP No.623 of 2013 IN THE HIGH COURT AT CALCUTTA ORDIANRY ORIGINAL CIVIL JURISDICTION R. Piyarelall Iron And Steel PVT.LTD.Versus Fair Deal Supplies LTD.Before: The Hon'ble Justice I.P.MUKERJ.Date: 18th December 2013 Appearance: Mr.Jayjit Ganguly, Advocate for the petitioner MRS.Noelle Banerjee, Advocate Mr.Dipak Kr. De, Advocate for the respondent The Court: Against the order dated 5th March 2013 in AP No.538 of 2011 (R. Piyarelall Iron And Steel PVT.LTD.versus Fair Deal Supplies Ltd.) the respondent had preferred a Special Leave Petition before the Honble Supreme Court of India. On 10th September 2013 the Special Leave Petition was dismissed by the said Court with the observation that We are not inclined to interfere with the order passed by the High Court. Now the order of this Court dated 5th March 2013 directed each of the parties to appoint its nominee Arbitrator within two weeks from the date of obtaining a certified copy of the order. Thereafter the two appointed Arbitrators wou...
Vision Sponge Iron Private Limited Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-18-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.1234 OF2013VISION SPONGE IRON PRIVATE LIMITED Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioner has sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 ...
Servo Plastics Pvt. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-18-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.1220 OF2013SERVO PLASTICS PVT.LTD.Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th December, 2013. Mr.Piyal Gupta, Advocate for petitioner The Court : The petitioner has sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. The State respondents who are represented, submit that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has directed the matter to be fixed in the monthly combined list of January, 2014 and by way o...
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