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Kolkata Court March 2013 Judgments

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Mar 15 2013

Overflow Tradelink Pvt Ltd and anr. Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Mar-15-2013

ORDER SHEET WP No.32 of 2013 WP No.183 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE OVERFLOW TRADELINK PVT LTD AND ANR. Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date:15. h March, 2013 Mr.P.K. Dutta, Sr.Adv.with Mr.Rajarshree Dutta, Adv..for the petitioners Md.T.M. Siddique, Adv..for the State Mr.R.Sarkar De, Adv.with Mr.Sailesh Kumar Gupta, Adv..for the respondent no.3 Since the issues in these two writ petitions are related, the same shall be heard together. Let affidavit in opposition be filed by the respondents within four weeks from date; reply, if any, may be filed within two weeks thereafter. List these writ petitions for final hearing in the monthly list of May, 2013. Considering the fact that a decision has been taken in the meeting held on 9th January, 2013 in respect of disposal of immovable assets of Carter Pooler Engineering Co.LTD.(CPL) to the effect that the Executive Engineer, West Bengal Indus...


Mar 15 2013

Dena Bank Vs. Nandini Holding and Securities Pvt Ltd and ors

Court: Kolkata

Decided on: Mar-15-2013

1 ORDER SHEET G.A.No.825 of 2013 APOT No.131 of 2013 EOS No.5 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DENA BANK Versus NANDINI HOLDING AND SECURITIES PVT LTD & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :15. h March, 2013. Appearance: Mr.Amitava Das with Mr.Joydev Brahmachari, ld. Advocates for the appellant. Mr.Pratap Chatterjee, Sr.Advocate with Mr.R.Deb, Sr.Advocate with Mr.R.Banerjee And Ms.L.Banerjee for the respondents. The Court :- The facts are startling. The appellant being a public sector Bank invested twenty crores of rupees on the strength of a fake document that was said to be mortgaged to the Bank as collateral security. Even then, the learned Judge gave some respite to the Bank so that they can take steps in the meantime. The order of December 20, 2012 asked the actual owner being the plaintiff-respondents to stay their hands with regard to dealing of the property for 4 weeks from the ...


Mar 13 2013

Rani Leasing and Finance Ltd. Vs. Pramod Kr. Goenka

Court: Kolkata

Decided on: Mar-13-2013

ORDER SHEET CS No.111 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE In the matter of: RANI LEASING & FINANCE LTD. Versus PRAMOD KR. GOENKA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :13. h March, 2013. Appearance: Mr. Jishnu Chowdhury, Adv. Ms. Sonia Sharma, Adv. Mr. Soumabho Ghosh, Adv. . . .for the plaintiff. The Court: The plaintiff has filed a suit for recovery of money lent and advanced. The plaintiff in order to establish its claim produced one witness namely Ashok Kr. Shah and seven set of documents which are as follows:1. Original Bank Statement of the plaintiffs Bank showing details of moneys lend to the defendant by the plaintiff between November, 1999 and March, 2000.2. Copy of the Notice dated 14th January, 2002 issued by the plaintiff upon the defendant alongwith the original postal receipt.3. Original Transaction statement of the plaintiffs demand account maintained with Mathran Securities Ltd. showing details of pledged shares....


Mar 13 2013

Magma Fincorp Limited Vs. Gil Shailendrasingh K and ors.

Court: Kolkata

Decided on: Mar-13-2013

AP No.759 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LIMITED Versus GIL SHAILENDRASINGH K & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :13. h March, 2013. Appearance: Mr.P.Sinha, Adv.The Court : The respondents are not represented despite previous service. The respondents have shown no interest in the matter at any stage. By the order of December 10, 2012, the Receiver appointed in the matter was directed to take possession of the asset that forms the subject-matter of the agreement between the parties since it was lying abandoned and in a dilapidated and disused condition. The Receiver has invited offers for sale of the vehicle and has received an offer of Rs.7.75 lakh from one Arshad Mansuri of Ahmedabad, though the petitioner has valued the asset at Rs.8.90 lakh. Since there is no other offer for the vehicle, the sale thereof is confirmed in favour of Arshad Mansuri of Ahmedabad, subject to the entire consideratio...


Mar 13 2013

Manoj H. Dembla Vs. Sai Kanaka Mahalakshmi Finance Pvt. Ltd.

Court: Kolkata

Decided on: Mar-13-2013

ORDER SHEET APO NO.87 OF 201.CS NO.358 OF 200.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MAnot H.DEMBLA Versus SAI KANAKA MAHALAKSHMI FINANCE PVT.LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :13. h March, 2013. Mr.S.N.Mitra, Sr.Adv., Mr.Ashis Chakraborty,Adv., Mr.S.Pranoysubhra, Adv., for the appellant. The Court : Mr.Pawan Kumar Jhunjhunwala, learned Counsel appearing for the respondent, submits, he has no instruction in the matter. This appeal would relate to a money suit filed by the respondent as against the appellant for a sum of Rs.25 lakhs on account of money lent and advanced together with interest and cost. The appellant would contend, he had filed his written statement before an application under Order 12 Rule 6 of the Code of Civil Procedure was filed before the learned single Judge. The learned single Judge, considering the rival contentions, allowed the application and passed a decree ...


Mar 13 2013

Banwarilal Jhunjhunwala Vs. Rajendra Kumar Sethia

Court: Kolkata

Decided on: Mar-13-2013

CS 15.of 2002 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE BANWARILAL JHUNJHUNWALA Versus RAJENDRA KUMAR SETHIA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :13. h March, 2013. For the plaintiff : Ms.H.Chakraborty,Advocate The Court :- The plaintiff has instituted a suit for recovery of money lent and advanced. The plaintiff in support of his claim produced a certificate from the bank, statement of accounts maintained by the parties, confirmation of accounts, letter of demand and the acknowledgement receipts. Shri Banwarilal Jhunjhunwalla, plaintiff No.1(a) deposed on behalf of the plaintiff. In his deposition he has referred to the documents and proved the contents of the said documents. From the service report it appears that the defendant had refused to accept the writ of summons sent by registered post. The plaintiff has been able to establish that a sum of Rs.6 lakhs was lent and advanced to the defendant which the defendant has failed to repay on demand. The plaintiff also produced...


Mar 13 2013

Montvest Trading Ltd. Vs. Geoffrey James Ower Johnston and anr.

Court: Kolkata

Decided on: Mar-13-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction APO No.416 of 2002 With CS No.304 of 1980 MONTVEST TRADING LTD.Versus GEOFFREY JAMES OWER JOHNSTON & ANR. APO No.417 of 2002 With CS No.146 of 1979 MONTVEST TRADING LTD.Versus GEOFFREY JAMES OWER JOHNSTON & ANR. APO No.418 of 2002 With CS No.692 of 1978 BLOOMFIELD TEA Co.LTD.Versus GEOFFREY JAMES OWER JOHNSTON & ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :13. h March, 2013. Mr.Raja Basu Chowdhury, Mr.Sayantan Bose for the appellants. Mr.R.C. Banerjee, Advocate/One of the Joint Receivers appeaRs.Mr.Abhijit Ganguly, Advocate appeaRs.The Court : These three appeals were earlier heard. The appeals were adjourned from time to time at the instance of the West Bengal Tea Development Corporation Limited. Mr.Ganguly appearing for the Corporation submits that despite best efforts he could not obtain any instruction. He prays for leave to retire. Such leave is granted. The Joint R...


Mar 13 2013

Hdfc Bank Limited Vs. Arjun Chettri and anr.

Court: Kolkata

Decided on: Mar-13-2013

AP No.901 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HDFC BANK LIMITED Versus ARJUN CHETTRI & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :13. h March, 2013. Appearance: Mr.P.Sinha, Adv.Mr.S.Laha, Adv.The Court : The parties have handed over a draft order signed by advocates of the parties on both pages. It is agreed that out of a total outstanding sum of Rs.31,08,963/-, the respondent no.1 shall pay a sum of Rs.1,63,324/- within March 15, 2013, and a further sum of Rs.9,78,000/- to the petitioner within March 31, 2013. The respondent assures to make payment of balance amount of Rs.19,67,639/- due under the agreement by July, 2013. In the event such payment is not made within July, 2013 the same shall be paid in monthly instalments falling due under the original agreement from the month of April, 2013. All the aforesaid 2 payments will be made either by way of demand draft or by account payee cheque. In the event the aforesaid mon...


Mar 13 2013

Pdgd Investments and Tradiing Pvt. Ltd. Vs. the Official Liquidator, H ...

Court: Kolkata

Decided on: Mar-13-2013

IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION CA No.115 of 2013 CP No.151 of 2003 IN THE MATTER OF: BANGUR BROTHERS LTD.(IN LIQN.) -ANDPDGD INVESTMENTS & TRADIING PVT.LTD.Versus THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA AND CA No.116 of 2013 CP No.151 of 2003 IN THE MATTER OF: BANGUR BROTHERS LTD.(IN LIQN.) -ANDVIKRANT FORGE LTD.& ORS.Versus THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA & ORS.AND CA No.117 of 2013 CP No.151 of 2003 IN THE MATTER OF: BANGUR BROTHERS LTD.(IN LIQN.) -ANDINDU DEVI MOHATTA Versus THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :13. h March, 2013. Appearance: Mr.Pratap Chatterjee, Sr.Adv.Ms.Manju Bhuteria, Adv.for the applicant in CA No.115 of 2013 Mr.S.N. Mookherjee, Sr.Adv.Mr.Ratnanko Banerji, Adv.Mr.Kuldip Mallick, Adv.Ms.Sevanti Basu, Adv.Mr.Ajay Gagga, Adv.Mr.Ashok Kr. Bose, Adv.for the PDGD Investment & Trading LTD.Mr.Samit Talukdar, Sr.Adv.Mr.Pradeep Sancheti, Adv.Mr.Joyjit Ganguly, Adv.M...


Mar 13 2013

Srei Equipment Finance Pvt Ltd. Vs. M/S. Vinod Ranta Govt. Contractor ...

Court: Kolkata

Decided on: Mar-13-2013

ORDER SHEET GA NO.702 OF 201.APOT NO.114 OF 201.AP NO.569 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT LTD.Versus M/S.VInot RANTA GOVT. CONTRACTOR AND ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :13. h March, 2013. Mr.Swatarup Banerjee, Adv., Ms.Archana Chowdhury, Adv., for the appellant. The Court : The Receiver submitted report before the learned single Judge wherefrom it appeaRs.the machine was working. Moreover, the respondent no.1 committed, he would clear out the outstanding dues within sixty days. No such payment was forthcoming. The respondents also did not appear before His Lordship. His Lordship declined to give any protection to the appellant with regard to user of the equipment save and except confirming the order of injunction passed at the ad interim stage. The appellant attempted service of notice of appeal upon the respondents. One of the respondent...


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