Kolkata Court April 2013 Judgments
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Union of India and anr. Vs. Eastern Track Udyog Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Apr-25-2013
ORDER SHEET APO No.11 of 2013 with CS No.263 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction UNION OF INDIA & ANR. Versus EASTERN TRACK UDYOG PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :25. h April, 2013. Mr.L.K. Chatterjee, Ms.Aparna Banerjee for the appellants. Mr.Jishnu Saha, Mr.Jayjit Ganguly, Mr.Aasish Chowdhury, Ms.Uma Bagree, Ms.Sulagna Nandy for respondent no.1. The Court : The subject issue is squarely covered by our judgment and order dated April 11, 2013 delivered in APO No.477 of 2012. Mr.L.K. Chatterjee, learned Counsel appearing for the Union of India would, however, try to make a distinction in the present case. According to him, the learned Judge misconstrued the contractual obligations of the parties. According to him, RDSO, the appellant and the respondent are bound by a contract under which the contractor is permitted to participate in a particular class of tender floated by the Railways witho...
Re: Jessop and Co. Ltd. Vs. Gibraltar Airsprings Pvt. Ltd.
Court: Kolkata
Decided on: Apr-25-2013
ORDER SHEET ACO NO.73 OF 201.APOT NO.206 OF 201.CP NO.54 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RE: JESSOP & Co.LTD.Versus GIBRALTAR AIRSPRINGS PVT.LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :25. h April, 2013. Mr.Soumen Das, Advocate for the appellant. Mr.Abhrajit Mitra, Advocate Mr.Anirban Ray, Advocate for the respondent. The Court :- The respondent issued a purchase order against which a sum of Rs.41,86,571/- became due and payable. The company, on one pretext or the other, delayed payment. Even after filing of the winding-up petition, the money was repaid after about two yeaRs.The present appeal would relate to interest only. The learned Judge observed, the interest component, if calculated on the conservative estimate of 6 per cent, would come to Rs.8 lakhs approximately. The petitioning creditor being the respondent herein agreed to accept the same in full and final settlement p...
Sanjay Kumar Shaw Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-24-2013
ORDER SHEET WP No.148 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SANJAY KUMAR SHAW Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :24. h April, 2013. Appearance: Mr.Sankar Nath Mukherjee, Advocate. for the petitioner. Mr.Paritosh Sinha, Advocate. Md.T.M.Siddiqui, Advocate. for the respondent. The Court :-The petitioner is holder of a stage carriage permit in the route bearing No.217. The terminal points of this route are Band Stand and Narayanpur within the jurisdiction of the Kolkata Regional Transport Authority and North 24 Parganas Regional Transport Authority respectively. The petitioner has applied for replacement of the existing vehicle plying against the said permit by a new vehicle complying with BS-III norMs.The prayer for replacement has been made on 5th February, 2013 and the grievance of the petitioner is that no decision is being taken in pursuance thereof. The petitioner has brought to the no...
Appellant/Petitioner Vs. M/S. Gaylord Commercial Co. Ltd.Resp
Court: Kolkata
Decided on: Apr-24-2013
ORDER SHEET I.T.A.T.No.69 of 2013 G.A.No.799 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA - III, KOLKATA Appellant/Petitioner Versus M/S.GAYLORD COMMERCIAL Co.LTD.Respondent/Assessee BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA -AndThe Hon'ble JUSTICE TARUN KUMAR DAS Date :24. h April, 2013. For Appellant/Petitioner : Mr.P.Dudharia, Adv.For Respondent/Assessee : Mr.J.P.Khaitan, Sr.Adv.with Mr.Atish Ghosh, Adv.There is delay of 98 days. Mr.Khaitan, learned Senior Advocate appearing for the respondent/assessee, very fairly submitted that he does not stand in the way of prayer for condonation of delay. Accordingly, the prayer for condonation of delay is allowed with the caution to the department to be more careful in future because in the next matter they may not get such cooperation from the other side, and we may not be inclined to allow the prayer merely for asking, regard being had to the judgment of the ...
Amala Shankar and ors. Vs. Mandira Kar
Court: Kolkata
Decided on: Apr-24-2013
ORDER SHEET CS No.136 of 1998 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AMALA SHANKAR & ORS.Versus MANDIRA KAR BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :24. h April, 2013. Mr.Rupak For the Mr.Soumabha For the Appearance: Ghosh, Adv.plaintiffs. Ghosh, Adv.defendants. The Court :- It appears that the suit proceeded in the most lackadaisical manner. The plaintiffs practically have taken no steps in the suit. There is no explanation forthcoming as to why steps have not been taken for the last 13 yeaRs.On an earlier occasion on the prayer of Mr.Soumabha Ghosh time to disclose the documents and over inspection was extended till 11th March, 2013. It appears that none of the parties have complied with the ordeRs.Mr.Soumabha Ghosh, learned Counsel appearing on behalf of the plaintiffs, submits that the plaintiff No.1 is of advanced age and due to some difficulty the plaintiffs were unable to disclose the documents. The defendant no.1 has also failed to ...
Srei Equipment Finance Pvt. Limited Vs. Manas Ranjan Sahoo and anr.
Court: Kolkata
Decided on: Apr-24-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.632 of 2012 SREI EQUIPMENT FINANCE PVT.LIMITED -VersusMANAS RANJAN SAHOO AND ANR. & AP No.635 of 2012 SREI EQUIPMENT FINANCE PVT.LIMITED -VersusSURESH RANJAN SAHOO AND ANR. Appearance: Mr.Samit Talukdar, Sr.Adv.Mr.Shiv Shankar Banerjee, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 24, 2013. The Court : These two matters had been set down for trial on evidence. Both are requests under Section 11 of the Arbitration and Conciliation Act, 1996. The respondents denied having executed the agreements containing the arbitration clause. The only issue that was to be assessed in couRs.of the trial was as to whether the respondents had signed the agreements containing the arbitration clauses. In view of the categorical admission on the part of the one of the respondents, in couRs.of his oral evidence today, that he has signed the agreements in which the arbitration clauses are contained and in v...
Concord Automotives Pvt. Ltd. Vs. Saraf Projects Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Apr-24-2013
ORDER SHEET ACO No.63 of 2013 APOT No.200 of 2013 with CP No.190 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction CONCORD AUTOMOTIVES PVT.LTD.Versus SARAF PROJECTS PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :24. h April, 2013. Mr.Debangshu Basak, Mr.Aniruddha Mitra, Ms.Sudipa Bhattacharya for the appellant. Ms.Priyanka Dhar for the respondent. The Court : Out of principal sum of Rs.30 lakhs, yesterday the appellant paid a sum of Rs.5 lakhs in cash. In deference to the desire of this Court another Rs.5 lakhs is brought in Court and has been handed over to Ms.Priyanka Dhar, learned Counsel appearing for the petitioning creditor. Let the petitioning creditor adjust the sum of Rs.10 lakhs in protanto satisfaction of its claim. The balance principal sum of Rs.20 lakhs be paid by ten equal monthly instalments commencing from June 15, 2013 and thereafter on the 15th day of each succeeding month. We permit the appellant...
Balaram Das Vs. Guru Charan Biswas
Court: Kolkata
Decided on: Apr-24-2013
ORDER SHEET GA NO.3213 OF 201.WITH CS NO.308 OF 187.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BALARAM DAS Versus GURU CHARAN BISWAS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :24. h April, 2013. Mr.A.Chowdhury, senior advocate, Mr.R.Banerjeeappear. The Court : By the order dated 13th December, 2012 this application was made returnable today. But for some reason it has not appeared in the list. Considering the urgency, this application is treated as on the days list and the following order is passed. Pursuant to order dated 13th December, 2012 election of the trustees in CS No.308 of 1872 was conducted and Sr.Dwipen Kumar Hazra, Sr.Gokulananda Das and Sr.Kusal Chowdhury have been elected as trustees. The Chairman-cumSpecial Officer has filed his report, which is taken on record and accepted. In view of the elected trustees the outgoing Board of Trustees will hand over charge to the incoming Board of Trustees by 12th June, 2013 as it has been the ...
ShrivIn Pharma Private Limited Vs. Gluconate Health Limited
Court: Kolkata
Decided on: Apr-24-2013
AP No.378 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHRIVIN PHARMA PRIVATE LIMITED Versus GLUCONATE HEALTH LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :24. h April, 2013. Appearance: Mr.Chayan Gupta, Adv.Mr.Subhashis Sengupta, Adv.The Court : The respondent does not dispute the existence of the arbitration agreement or that there are disputes that have arisen between the parties which are covered thereby. The arbitration clause envisages parties nominating an arbitrator each and the two nominees selecting the third arbitrator. Though the agreement is of the year 2012 and refers to an umpire, the agreement must be read in tune with the Arbitration and Conciliation Act, 1996. Apparently, the parties, or those who helped them prepare the document, may not have been aware of the Arbitration Act, 1940 having given way to the 1996 Act. The respondent did not nominate its arbitrator within reasonable time of the petitioners request a...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Apr-24-2013
CP No.101 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE In the matter of: RUBI STAR REAL ESTATE & HOUSING DEVELOPMENT LTD.-AndMANTULAL DATTA Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.Sayantan Bose, Adv.Mr.Rajarshi Dutta, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 24, 2013. The Court : The company is not represented despite service and subsequent notices at both the registered office of the company and at the known addresses of the directors of the company. It appears that the company may have vanished altogether upon obtaining deposits from gullible parties. The claim of the petitioning-creditor is on account of money deposited for return by the company with interest. The amount claimed in the statutory notice is Rs.11,19,386/-. Since the statutory notice has been posted in the usual couRs.and addressed to the registered office and no reply has been received thereto, there is a presumption of the companys inability t...
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