Kolkata Court February 2013 Judgments
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Boydell Media Pvt. Ltd. Vs. Isg Traders Ltd.
Court: Kolkata
Decided on: Feb-01-2013
CP No.202 of 2012 CA No.284 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE BOYDELL MEDIA PVT.LTD.-VersusISG TRADERS LTD.Appearance: Ms.Manju Bhuteria, Adv...for the petitioner. Ms.Santa Mitra, Adv...for the Central Government. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : February 1, 2013. The Court : The Central Government has no objection to the scheme of amalgamation being sanctioned by which the subsidiary company is merging into the holding company. No other creditor, shareholder or any other person connected with other company has appeared whether to oppose or support the scheme. It is submitted on behalf of the petitioners that Clauses 12.2 and 16.3 of the proposed scheme of amalgamation need to be modified. Clause 12.2 is modified by providing that no modification other than in accordance with Section 392 of the Companies Act, 1956 will be permissible. The following sentence should be added to the relevant clause: This clause will be strictly sub...
Raunaks Coirs Limited and anr. Vs. W.B.State Electricity Distribution ...
Court: Kolkata
Decided on: Feb-01-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Appeal from its Constitutional Writ Jurisdiction ORIGINAL SIDE APOT 3 OF 201.GA 17.of 2013 WITH WP 106.of 2012 RAUNAKS COIRS LIMITED & ANR. Versus W.B.STATE ELECTRICITY DISTRIBUTION COMPANY LTD.& ORS.BEFORE: The Hon'ble CHIEF JUSTICE ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :1. t February, 2013. Mr.Subir Sanyal, Advocate Mr.S.Das, Advocate .for appellant Mr.Sumit Panja, Advocate for respondents The Court :- The question involved in the appeal is with respect to right of the West Bengal State Electricity Distribution Company Limited to disconnect the electricity supply after a period of six years on the basis that due to its mistake in the aforesaid period it could not raise the proper bill. The appellant/petitioners have questioned the order dated 20.12.2012 passed by the Single Bench in WP 106.of 2012 directing them to make the part payment of the bill raised by the respondent for the period of two years only out of six years perio...
Association and Others Vs. Samar Ghoshand ors.Respondents
Court: Kolkata
Decided on: Feb-01-2013
ORDER SHEET GA No.100 of 2013 GA No.2675 of 2012 CC No.28 of 2012 With WP No.1630 of 2010 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) THE HIGH COURT EMPLOYEES' WELFARE ASSOCIATION & OTHERS Petitioners Versus SAMAR GHOSH & ORS.Respondents BEFORE: The Hon'ble JUSTICE TAPEN SEN Date :1. t February, 2013. For Petitioners For High Court For Respondents : Mr.Soumya Majumdar, Advocate Mr.Sunny Nandi, Advocate : Mr.Aloke Kumar Ghosh, Advocate : Mr.Subrata Talukdar, Sr.Government Advocate The Court : Mr.Aloke Kumar Ghosh, learned Counsel appearing for the High Court files an Affidavit pursuant to the order passed on 11.10.2012. The same is taken on record. It is noticed that in spite of repeated observations of this Court that the Letter of the Finance Minister dated 21st August, 2012 should be treated to be an interim action for reasons expressed in the orders passed by this Court, the Secretary, Department of Finance has once again has had the temerity and audacity to send a...
Ansal Housing and Construction Ltd. Vs. the Official Liquidator
Court: Kolkata
Decided on: Feb-01-2013
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION CA No.152 of 2012 CP No.12 of 1997 CASION FIN.& INVESTMENT (INDIA) LTD.(IN LIQN.) -ANDANSAL HOUSING & CONSTRUCTION LTD.-VSTHE OFFICIAL LIQUIDATOR AND CA No.753 of 2012 CP No.12 of 1997 CASION FIN.& INVESTMENT (INDIA) LTD.(IN LIQN.) -ANDMOTILAL MUKHERJEE BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :1. t February, 2013. Appearance: Mr.Ratnanko Banerji, Adv.Mr.Debnath Ghosh, Adv.for the Ansal Housing & Construntion LTD.Mr.P.K. Roy, Adv.Mr.Suparna Mukherjee, Adv.for Saral Sengupta Ms.Ruma Sikdar, Adv.for the Official Liquidator The Court : A report dated January 30, 2013 has been filed by an Additional Director of the Serious Fraud Investigation Office which essentially makes out that the Central Bureau of Investigation has been unable to locate the person that the SFIO believes was the principal person in control of the company prior to its liquidation and who may have master-minded the business decisions and investments of the comp...
Gobind Prosad Dalmia Vs. the Official Liquidator, High Court, Calcutta
Court: Kolkata
Decided on: Feb-01-2013
CA No.367 of 2012 BIFR No.52 of 1988 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: MANJUSHA PAPER MILLS LTD.(IN LIQN.) AND GOBIND PROSAD DALMIA VS THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA Appearance Mr.Subhankar Nag, Adv.Mr.Ranajit Chowdhury, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :1. t February, 2013. The Court : The application is by an erstwhile director of the company in liquidation seeking recall of a decree passed in the misfeasance proceedings against such applicant. It is submitted on behalf of the Official Liquidator that there is no basis to the application since the feigned ignorance of the applicant should be seen through by Court. The Official Liquidator suggests that this applicant, like directors of other companies which go into liquidation, changed his address several times without informing the Official Liquidator. As a consequence, when the notices were issued to the addresses available with the Official Liquidator, they were...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Feb-01-2013
CA No.715 of 2012 CA No.716 of 2012 BIFR No.508 of 1992 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE In the matter of: CYCLE CORPORATION OF INDIA LTD.(IN LIQN.) Appearance: Mr.Surojit Nath Mitra, Sr.Adv.Mr.Raja Basuchowdhury, Adv...for the petitioner. Mr.Anupam Dasadhikari, Adv...for the Official Liquidator. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : February 1, 2013. The Court : These two applications, C.A.No.715 of 2012 and C.A.No.716 of 2012, pertain to the assets of Cycle Corporation of India Limited (in liquidation).The Asansol Durgapur Development Authority is represented pursuant to an earlier direction. C.A.No.92 of 2011 is an application by ADDA claiming to purchase certain specified land of the company (in liquidation).The ADDA has had the relevant land valued and is ready with the report in Court. The official liquidator has also carried the valuation report for all land and other assets of the company (in liquidation) from which the value of the...
The Official Liquidator, High Court, Calcutta Vs. Asish Bose and anr.
Court: Kolkata
Decided on: Feb-01-2013
CA No.388 of 2009 CP No.204 of 2003 IN THE HIGH COURT AT CALCUTTA ORIGINAL JUEISDICTION IN THE MATTER OF: UREKA POWER SYSTEM P. LTD.(IN LIQN.) AND THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA Versus ASISH BOSE & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :1. t February, 2013. Mr.Ranajit Chowdhury, Adv.appears The Court : The respondents are not represented despite service. It appears from the receipts executed by the respondents on August 14, 2012 that the Official Liquidator called upon the respondents to collect the points of claim from the office of the Official Liquidator but the respondents have not cared to collect the same. The summons were served previously by registered post and the acknowledgment cards find place in the affidavit-of-service of June 24, 2009 filed on behalf of the Official Liquidator. The auditor has been examined. The auditor has referred to accounting jugglery being undertaken by the persons in management of the company prior to the company going...
Sikha Sarkar Vs. Manager United Bank of India, Murshidabad and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Feb-01-2013
Mridula Roy, Member, J.The instant appeal is directed against an order dated 02.06.2011 passed by D.C.D.R.F., Murshidabad in Case No. CC/114/2009 allowing the complaint on contest against O.P. No. 1 and dismissed ex parte against O.P. No. 2 with consolidated litigation cost of Rs.500/- to be paid by the O.P. No. 1 to the Complainant directing the O.P. No. 1 United Bank of India, Berhampore Branch to pay the amount of Rs.6,500/- to the Complainant within six weeks from the date of the order, failing which an interest @ 8% per annum would carry upon the amount of Rs.6,500/- from the date of filing of the case i.e. 06.08.2009 till the final payment. Being aggrieved by that order the Complainant filed the instant appeal on several grounds including that the Ld. Forum below did not consider the prayer for compensation of the Complainant. The case of the Complainant before the Ld. Forum below, in brief, is that she is the holder of an savings bank account being No. 479926 with the United Ban...
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