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Kolkata Court May 2013 Judgments

May 24 2013

M/S Maithan Ispat Limited, Kolkata Vs. National Insurance Co. Ltd., Th ...

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: May-24-2013

J. Bag, Ld. Member: The facts of the present complaint, briefly stated, are as follows: The Complainant purchased a comprehensive insurance policy being Industrial All Risks Insurance Policy No. 102000 /11 /08 /34 00000020 from the OP Insurance Company by paying a premium of Rs. 14,48,603/- in advance. The policy, which was valid from 11.04.2008 to (Midnight ) 10. 04 2009 covered the Plant and Machineries against probable insured perils such as fire, machinery breakdown, accidental damage etc. During the subsistence of the insurance policy on 23.06.2008 at about 2.20 P.M the Panel Crucible Coil of the Furnace Melting Shop at the Complainants plant i.e. Furnace No. 4 at Kalinganagar Industrial Complex, Orissa, got punctured and as a result the molten metal came out and damaged cables , sensors, switches etc. The insurance company being duly informed of the damage appointed M/s Purokayastha and Associates as Surveyor, who visited the plant on 29. 06. 2008 and conducted survey on 30.06.20...

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May 13 2013

M/S. Mahalakshmi Construction Represented by Its Sole Proprietor Viz. ...

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: May-13-2013

S. Coari, ld. Member: The present Appeal has been directed against the judgement and order dt. 30.3.12 passed by Consumer Disputes Redressal Forum, Howrah, in Complaint Case No. HDF 7 of 2012 wherein the Ld. District Forum allowed the petition of complaint on contest with cost against the Ops thereby directing the Ops to execute and register the sale deed in respect of the shop-room as mentioned in the schedule of the complaint within one month from the date of the order, failing which he shall have to pay compensation @ Rs. 100/- per diem till the execution, registration and making over the document are completed along with a further direction that the complainant is entitled to compensation of Rs. 1,00,000/- for agony and harassment perpetrated upon him at the instance of the Ops together with an award of litigation cost of Rs. 5,000/- in favour of the complainant. The Complainant/Respondents case before the Ld. District Forum, in brief, was that the complainant entered into a verbal...

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May 10 2013

Rukmini Properties Pvt Ltd Vs. Mira Ghosh (Presumed Dead) and anr

Court: Kolkata

Decided on: May-10-2013

ORDER SHEET G.A.No.1314 of 2013 C.S.O.S.NO.3 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RUKMINI PROPERTIES PVT LTD Versus MIRA GHOSH (PRESUMED DEAD) & ANR BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :10. h May, 2013. For Plaintiff/Petitioner : Mr.Jishnu Saha,Advocate Mr.Sakya Sen,Advocate Mr.S.S.Banerjee,Advocate Mr.A.Mukherjee,Advocate. For added defendants : Mr.Arindam Banerjee,Advocate Mr.Lina Roy,Advocate Mr.Kinjal Boral,Advocate Mr.P.Das,Advocate The Court : Let G.A.No.1314 of 2013 taken out by Haider Khan said to be one of the co-owners be treated as on the days list. This application is disposed of today by directing addition of him as a party defendant. Bibi Jan, Muktar Sapui and Noor Jahan Tarafddar @ Choota Khatoon also said to be co-owners are also added as party defendants. The addresses of these defendants have to be supplied by their respective advocates-on-record to the registry at the time of amendment, otherwise, they will ...

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May 10 2013

Magma Fincorp Limited Vs. Asip Private Limited and anr.

Court: Kolkata

Decided on: May-10-2013

IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A.P.No.291 of 2013 MAGMA FINCORP LIMITED -VersusASIP PRIVATE LIMITED & ANR. A.P.No.292 of 2013 MAGMA FINCORP LIMITED -VersusASIP PRIVATE LIMITED & ANR. A.P.No.446 of 2013 MAGMA FINCORP LIMITED -VersusASIP PRIVATE LIMITED & ANR. A.P.No.447 of 2013 MAGMA FINCORP LIMITED -VersusASIP PRIVATE LIMITED & ANR. A.P.No.448 of 2013 MAGMA FINCORP LIMITED -VersusASIP PRIVATE LIMITED & ANR. A.P.No.453 of 2013 MAGMA FINCORP LIMITED -VersusASIP PRIVATE LIMITED & ANR. Appearance: Mr.Samrat Sen, Adv...for the petitioner. Ms.Amrita Pndey, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : May 10, 2013. The Court : These matters between the same parties had been adjourned on several occasions at the request of the respondents and on the respondents representation that substantial payments would be made to wipe off the defaulted amount. The petitioner says that a total sum in excess of Rs.29.73 lakh ...

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May 10 2013

Birla Education Trust and ors. Vs. Birla Corporation Ltd. and ors.

Court: Kolkata

Decided on: May-10-2013

FORM not J(2) IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURIDICTION ORIGINAL SIDE Present: THE HONBLE JUSTICE ANIRUDDHA BOSE A.P.O. No.154 of 2011 A.C.O. No.42 of 2011 C.P. No.1 of 2010 Birla Education Trust & Ors. Vs. Birla Corporation Ltd. & Ors. Advocates for the Appellants: Advocates for Birla Corporation Ltd., the respondent No.1: Advocates for the respondent Nos. 2, 5 to 10, 36 and 37: Advocates for the respondent Nos. 11 to 35: Judgment On: Mr. S.K. Kapur, Sr. Adv. Mr. Sudipto Sarkar, Sr. Adv. Mr. S.N. Mookherjee, Sr. Adv. Mr. Partha Sarathi Sengupta Mr. Jishnu Saha Ms. Moushumi Bhattacharya Mr. Ravi Kapur Mr. Rohit Deb Mr. Siddhartha Datta Mr. Utsav Mukherjee Mr. Bodhisatta Biswas Mr. Mr. Mr. Mr. Mr. Mr. Anindya Kumar Mitra, Sr. Adv. Pratap Chatterjee, Sr. Adv. Malay Kumar Ghosh Paritosh Sinha, Debangsu Basak Manju Bhuteria Mr. Mr. Mr. Mr. Mr. Mr. Mr. P.C. Sen, Senior Advocate Debanjan Mandal Sanjiv Kumar Trivedi Sourya Sadhan Bose Soumya Ray Chowdhury Deepnath Roy ...

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May 10 2013

Commissioner of Income Tax, Kolkata Iv Vs. Indian Explosives Ltd.

Court: Kolkata

Decided on: May-10-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE GA No.692 of 2013 ITAT No.67 of 2013 COMMISSIONER OF INCOME TAX, KOLKATA - IV Versus INDIAN EXPLOSIVES LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :10. h May, 2013. For Appellant : Md.Nizumuddin, Advocate For Respondent : Mr.R.N. Bajoria, Senior Advocate The Court : This appeal, preferred by the Revenue, has proposed the following questions: i) Whether on the facts and in the circumstances of the case the Ld. Tribunal has erred in law in dismissing the appeal of the revenue and upholding the order of the CIT (Appeals) deleting the addition of Rs.2,84,28,000/- being the advance written off by holding that the amount involved was a trade debt ?. ii) Whether on the facts and in the circumstances of the case the Ld. Tribunal has erred in law in dismissing the appeal of the revenue and upholding the order of the CIT (Appeals) deleting the addition of Rs...

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May 10 2013

Commissionerate Vs. M/S Avery India Limited and ors

Court: Kolkata

Decided on: May-10-2013

1 ORDER SHEET G.A.No.341 of 2013 G.A.No.342 of 2013 APO.T.No.33 of 2013 W.P.No.96 of 2006 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction ORIGINAL SIDE COMMISSIONER OF CENTRAL EXCISE, KOLKATA-VI COMMISSIONERATE Versus M/S AVERY INDIA LIMITED & ORS BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :10. h May, 2013. Mr.R.Bharadwaj, Adv.with Mr.K.K.Maiti, Adv.for the Appellant Mr.N.K.Choudhury, Adv.for Respondents The Court : Delay is condoned and the appeal is taken up for hearing. The subject matter of challenge is a judgment and order dated 3rd March, 2010 by which the learned Trial Court set aside the notice dated 27th March, 2002, primarily on the ground that the impugned notice in so far as the same relates to the financial years 1986 to 2001, has apparently been issued beyond the period of limitation of one year from the relevant date. Even if there were any allegation of short levy or short payment by reason of fraud, collusion or misstat...

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May 10 2013

Birla Corporation Limited Vs. Birla Education Trust and ors.

Court: Kolkata

Decided on: May-10-2013

FORM not J(2) IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURIDICTION ORIGINAL SIDE Present: THE HONBLE JUSTICE ANIRUDDHA BOSE A.C.O. No.71 of 2011 A.P.O.T. No.281 of 2011 C.P. No.1 of 2010 Birla Corporation Limited Vs. Birla Education Trust & Ors. & Harshvardhan Lodha & Ors. Advocates for the Appellants: Mr. Mr. Mr. Mr. Mr. Advocates for the Respondents Nos. 1 to 6: Mr. S.K. Kapur, Sr. Adv. Mr. Sudipto Sarkar, Sr. Adv. Mr. S.N. Mookherjee, Sr. Adv. Mr. Partha Sarathi Sengupta Mr. Jishnu Saha Ms. Moushumi Bhattacharya Mr. Ravi Kapur Mr. Rohit Deb Mr. Siddhartha Datta Mr. Utsav Mukherjee Mr. Bodhisatta Biswas Advocates for other Respondents: Judgment On: Anindya Kumar Mitra, Sr. Adv. Pratap Chatterjee, Sr. Adv. Debangsu Basak Manju Bhuteria Paritosh Sinha Mr. Soumya Ray Chowdhury Mr. Debanjan Mandal Mr. Sanjiv Kumar Trivedi May 10, 2013 ANIRUDDHA BOSE, J.:1. In this appeal, under challenge is an order of the Company Law Board (CLB) passed on 17th June 2011, in an application, ...

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May 10 2013

Srei Equipment Finance Pvt. Ltd. Vs. Multitech Corporation and anr.

Court: Kolkata

Decided on: May-10-2013

AP No.223 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.-VersusMULTITECH CORPORATION & ANR. Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.Gautam Chaudhury, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : May 10, 2013. The Court : The respondents are represented and it is submitted that the whereabouts of the assets covered by the agreement will be disclosed by way of a letter addressed by Advocate representing the respondents to Advocate for the petitioner in couRs.of the day. There is a sum in excess of Rs.37 lakh which is due only on account of the defaulted instalments without taking into account the other sums payable under the agreement. Previous orders were passed adjourning the matter on the respondents representation that some payments would be made. The respondents were also accommodated for a bereavement in the family of the proprietor of the fiRs.respondent...

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May 10 2013

Asansol Durgapur Development Authority Vs. Cycle Corp. Ltd.

Court: Kolkata

Decided on: May-10-2013

IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION CA No.92 of 2011 BIFR No.508 of 1992 IN THE MATTER OF: CYCLE CORPORATION OF INDIA LTD.(IN LIQN) AND ASANSOL DURGAPUR DEVELOPMENT AUTHORITY VERSUS CYCLE CORP. LTD.And CA No.715 of 2012 BIFR No.508 of 1992 IN THE MATTER OF: CYCLE CORPORATION OF INDIA LTD.(IN LIQN) And CA No.716 of 2012 BIFR No.508 of 1992 IN THE MATTER OF: CYCLE CORPORATION OF INDIA LTD.(IN LIQN) BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :10. h May, 2013. Appearance: Mr.S.N. Mitra, Sr.Adv.Mr.Arindam Mukherjee, Adv.Mr.Rajiv Lall, Adv.The Court : Pitiable offers have been made, including by Asansol Durgapur Development Authority (ADDA).for the 170.91 acre of freehold land and 114.39 acre of leasehold land. No offers have been received by the official liquidator, but a private person has made an offer of Rs.4 crore in Court and ADDA is agreeable to pay Rs.16 crore for the entire property. ADDA says that it will also match the assessment as per the valuation report. ...

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