Kolkata Court June 2013 Judgments
Srei Equipment Finance Pvt. Ltd. Vs. Aum Mines and Minerals and ors.
Court: Kolkata
Decided on: Jun-28-2013
AP No.622 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI EQUIPMENT FINANCE PVT.LTD.Versus AUM MINES & MINERALS & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :28. h June, 2013. Mr.Satarup Banerjee, Adv.appears The Court : The petitioner has attempted to serve the respondents at their recorded addresses but it appears that the respondents are not available thereat and the petitioner says that the petitioner does not have the new addresses of the respondents. The petitioner financed the respondents in their acquisition of a cone crusher in the year 2008. The equipment cost about Rs.1.70 crore at the time of its acquisition. Upon the respondents failing to make payment of the monthly instalments, an order was passed on the petitioners previous petition under Section 9 of the Arbitration and Conciliation Act, 1996 directing the Receiver to take possession of the asset. Offers were invited for the sale of the asset and the advertisements indicated a ...
Tag this Judgment!Rashmi Metaliks Ltd and anr. Vs. the Kolkata Municipal Corporation and ...
Court: Kolkata
Decided on: Jun-28-2013
WP No.570 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RASHMI METALIKS LTD AND ANR. Versus THE KOLKATA MUNICIPAL CORPORATION AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 28, 2013. Appearance: Mr.Ranjan Bachawat, Adv.Mr.Moinak Bose, Adv.Mr.J.Chowdhury, Adv..for the petitioneRs.Mr.Biswajit Mukherjee, Adv.Mr.Arijit Dey, Adv..for the K.M.C Mr.Debangsu Basak, Adv.Mr.Ayan Banerjee, Adv.Mr.P.Sinha, Adv..for the State Mr.Abhrajit Mitra, Adv.Ms.Rajshree Kajaria, Adv.Mr.Soumabho Ghose, Adv..for the respondent no.5 Mr.Somenath Bose, Adv.Mr.Raj Sekhar Basu, Adv..for the respondent no.6 Mr.Jayanta Mitra, Sr.Mr.A.Ray, Mr.P.Khaitan, Mr.Vivek Jhunjhunwala, ..for the respondent Adv.Adv.Adv.Adv.no.7 The Court : The Corporation invited offers for supply and delivery of ductile iron pipes from proven and reputed manufacturers having BIS licence. Pipes of divers specifications were to be supplied and the petitioner company was one of the bidders fo...
Tag this Judgment!Swapan Kumar Sardar and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-28-2013
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Sambuddha Chakrabarti W.P.No.842 of 2011 Swapan Kumar Sardar & ORS.Versus State of West Bengal & ORS.For the petitioners : Sardar Amjad Ali, Sr.Advocate MRS.Suchitra Roy, Advocate Mr.Masum Ali Sardar, Advocate For the KMd.Authorities : Mr.Partha Sarathi Basu, Advocate Mr.Satyajit Talukdar, Advocate Heard on :29. 01.2013, 19.02.2013 and 26.02.2013 Judgement on :28. 06.2013 The Court : The subject-matter of challenge in the present writ petition is an order, dated January 11, 2011, passed by the Principal Secretary, Finance Department, Government of West Bengal in compliance of the orders passed by a learned single judge of this court in two writ petitions. The petitioners are all employees of the Kolkata Metropolitan Development Authority (KMDA, for short).The petitioners have prayed for similar benefits of Modified Career Advancement Scheme (Scheme, for short) which was issued under...
Tag this Judgment!Smt. Sibrati Show Vs. Santosh Kumar Samaddar and ors.
Court: Kolkata
Decided on: Jun-28-2013
ORDER SHEET GA No.2589 of 2012 With EOS No.31 of 1998 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE SMT. SIBRATI SHOW Versus SANTOSH KUMAR SAMADDAR & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :28. h June, 2013. Appearance: Mr.Haradhan Banerjee, Adv.Mr.Amitava Pain, Adv.Mr.Subhranshu Dutt, Adv..for the plaintiff. The Court: This is an application for recalling and/or reexamination of PW-2 Shree Biswanath Bhattacharya on the questions mentioned in Annexure A to the said petition. By consent of the parties this application is treated as an adjourned Motion. The suit is fixed for re-examination and cross- examination of PW-2 on the questions mentioned herein below on 18th of July, 2013. You have certificate. said in question No.7 that I can produce the Have you filed the certificate issued by Board of Secondary Education and brought the original and is it the original certificate issued by Board of Secondary Education. You have deposed that defendant used a run business of potato in Q....
Tag this Judgment!Smt. Mithu Mondal and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-28-2013
ORDER SHEET WP No.611 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. MITHU MONDAL & ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date:28. h June, 2013 Mr.Arun Kanti Bera, Adv.with Ms.Gitashree Mistry, Adv..for the petitioners Mr.Pantu Deb Roy, Adv..for the respondents The fiRs.petitioner is the holder of a permanent stagecarriage permit on the route Barasat to Baruipur. An application dated 18th March, 2013 has been filed by her before the State Transport Authority, West Bengal (hereafter the STA) seeking transfer of the permit issued in her favour to the second petitioner. It also appears that the second petitioner has submitted a similar prayer dated 18th March, 2013 seeking transfer of the permit issued in favour of the fiRs.petitioner to him. The petitioners are aggrieved because such applications have not been considered and disposed of by the STA. Having heard learned advocates for the parties, I do n...
Tag this Judgment!L and T Finance Limited Vs. Arss Infrastructure Projects Limited and a ...
Court: Kolkata
Decided on: Jun-28-2013
AP AP AP AP AP AP No.699 No.700 No.701 No.702 No.703 No.704 of of of of of o2013. 2012013. 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED Versus ARs.INFRASTRUCTURE PROJECTS LIMITED & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 28, 2013. Appearance: Mr.Utpal Bose, Adv.Mr.D.N. Sharma, Adv.The Court : These matters are between the same parties and the appearing parties say that they may be taken up together. Of the 109 assets forming the subject-matter of these agreements, 25 assets were directed to be taken possession of by orders of Court and the Receivers have taken possession of 24 of them. Offers were invited at the behest of the finance company for sale of the assets. When the matters appeared for confirmation of the sale, the respondents indicated that they could bring better offers for the 24 assets; whereupon the matters were adjourned and the respondents were given liberty to bring better offeRs.whethe...
Tag this Judgment!Vs. M/S. Snl Bearing Ltd.
Court: Kolkata
Decided on: Jun-28-2013
ORDER SHEET G.A.No.1605 of 2013 I.T.A.T.No.113 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-I, KOLKATA Versus M/S.SNL BEARING LTD.Appellant Respondent BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE -AndThe Hon'ble JUSTICE ANINDITA ROY SARASWATI Date :28. h June, 2013. For Appellant : Ms.Soma Chatterjee, Adv.For Respondent : Mr.Siddharth Das with Mr.Vineet Tibrewal & Mr.Dilip Kadel, Adversus This is an application for condonation of delay of about 2477 days in filing the appeal. On going through the pleadings we find that there is no explanation leave alone sufficient explanation for delay of over seven years in preferring the appeal. The applicant has explained what happened between the date of pronouncement of the order dated 24th March, 2006 and 28th July, 2006 when Ministry of Law and Justice engaged the learned Counsel to draft the memorandum of appeal and the stay application. The period of limitation is 120...
Tag this Judgment!Vs. Commissitioner of Customs (Port) and ors.Respon
Court: Kolkata
Decided on: Jun-28-2013
ORDER SHEET WP No.605 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.ENTERPRISE INTERNATIONAL LTD.Petitioner Versus COMMISSITIONER OF CUSTOMS (PORT) & ORS.Respondents BEFORE: The Hon'ble JUSTICE TAPEN SEN Date :28. h June, 2013. For Petitioner : Mr.S.K. Mehta, Advocate For Respondents : Mr.R.Bharadwaj, Advocate MRS.Sampa Sarkar, Advocate The Court : Mr.Sudhir Kumar Mehta, learned Counsel appears for the Petitioner and Mr.S.B. Saraf with Ms.Sampa Sarkar appear for the Respondents. Parties have jointly drawn the attention of this Court to an Order passed in a similar case being Order dated 6th February, 2013 passed in WP No.523 of 2013. That Order is Annexrue P-10.Under the circumstance this Writ Petition is also disposed of by passing the same order as follows With consent of the parties, Petition is being disposed at this stage itself. this Writ An Order passed in a similar Writ Petition has been brought on record which was passed by The Honbl...
Tag this Judgment!Shree Madha Vs. Olvextracts Private
Court: Kolkata
Decided on: Jun-28-2013
WP No.597 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHREE MADHAVSOLVEXTRACTS PRIVATE LIMITED & ANR. -VersusRESERVE BANK OF INDIA & ORS.Appearance: Mr.N.Mishra, Adv...for the petitioner. Mr.M.Rahaman, Adv.Md.Nasirudding, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 28, 2013. The Court : The grievance of the petitioner is that despite the petitioner offering to repay the entire amount claimed by the bank in Securitisation and Enforcement of its notice under Reconstruction Security Interest of Section the Act, 13(2) Financial 2002, the of the Assets and bank has arbitrarily rejected the proposal in its recent letter of May 28, 2013. It appears from the concluding lines of the banks letter that the bank perceives the credit facilities accorded to the petitioner to not be separate and distinct from the credit facilities granted to the group of concerns to which the petitioner company belongs. The bank rejected ...
Tag this Judgment!Tanuja Ghosh and anr. Vs. the Chairman Board of Trustee and ors.
Court: Kolkata
Decided on: Jun-28-2013
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Sambuddha Chakrabarti W.P.No.587 of 2012 Tanuja Ghosh & Anr. Versus The Chairman Board of Trustee & ORS.For the petitioners : Mr.Soumya Majumdar, Advocate For the Indian Museum : Mr.Aloke Banerjee, Advocate For the respondent No.5 : Mr.Kousik Prodhan, Advocate Heard on :16. 10.2012, 11.12.2012, 12.02.2013 and 19.02.2013 Judgement on :28. 06.2013 The Court : Two senior Guide Lecturers of the Indian Museum have challenged the appointment of the respondentno.5 as the Officer on Special Duty (Education) and as a Member of the Project Implementation Team for the forthcoming Celebration of Indian Museum in 2014. Bicentenary It appears that the Acting Director of the Indian Museum had, on an application filed by the respondentno.5 who was a Programme Assistant of Centre for Archelogical Stuidies and Training, Eastern India, expressing his desire to work in the Education Department of the M...
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