Kolkata Court June 2013 Judgments
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Magma Fincorp Ltd. Vs. Tantia Constructions Ltd. and anr.
Court: Kolkata
Decided on: Jun-26-2013
AP No.690 of 2013 AP No.691 of 2013 AP No.692 of 2013 AP No.694 of 2013 AP No.695 of 2013 AP No.696 of 2013 AP No.697 of 2013 AP No.698 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MAGMA FINCORP LTD.Versus TANTIA CONSTRUCTIONS LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :26. h June, 2013. Appearance: Mr.Tilak Bose, Sr.Adv.Mr.P.Sinha, Adv.Mr.Utpal Bose, Adv.The Court : The respondents seek to make an immediate payment of a sum of Rs.50 lakh in respect of these eight matters and say that the balance defaulted amount of about Rs.59 lakh would be made good along with the monthly instalments over the next four months if the petitioner disregards the notices of termination. The petitioner insists that since the financial position of the fiRs.respondent company, on the basis of its balance-sheet, is precarious, the fiRs.respondent company should be restrained from receiving the payments due to it from its debtors by virtue of the several deeds of ...
Kolkata Port Trust and anr. Vs. Dr.Susmita Banerjee and ors.
Court: Kolkata
Decided on: Jun-26-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT 25 OF 201.GA 163.of 2013 WITH WP 86.of 2012 KOLKATA PORT TRUST & ANR. Versus DR.SUSMITA BANERJEE & ORS.BEFORE: The Hon'ble CHIEF JUSTICE ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :26. h June, 2013. Mr.Arunava Ghosh, Advocate Ms.Sujata Mukherjee, Advocate ..for appellant Mr.S.Bhattacharyya, Advocate ..for respondents 5 and 6 Mr.S.Roychowdhury, Advocate Mr.Mohammad Salim Advocate Mrs.Shibani Bhattacharyya, Advocate Mr.Soumajit Chakraborty, Advocate for respondents The Court :-Heard learned Counsel appearing for the parties. The interlocutory order dated 9.4.2013 has been questioned by which the Single Bench has allowed the amendment of the writ petition. Challenge to vires of the Rule which was coming in the way of the petitioner in claiming requisite relief has been permitted to be incorporated as a matter of fact the Rule has been set up by the respondent Calcutta Port Trust and as well...
Vs. West Bengal Board of Secondary Education and Others
Court: Kolkata
Decided on: Jun-26-2013
ORDER SHEET WP No.187 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MANAGING COMMITTEE, BORA JUNIOR HIGH SCHOOL & OTHERS Versus WEST BENGAL BOARD OF SECONDARY EDUCATION & OTHERS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :26. h June, 2013. Appearance: Mr.Rabilal Maitra, Sr.Advocate Mr.A.K.Halder, Advocate Mr.Pradip Kumar Neogi, Advocate for the petitioner Mr.Subhabrata Dutta, Advocate for the State respondent Mr.P.Bhattacharya, Advocate for the respondent Nos.1 & 2 The Court: The school involved is Bora Junior High School at Salua, District Midnapore. Because of a judgement and order dated 20th September, 2006 passed by Indira Banerjee, J., in WP No.13672(W) of 2006, the West Bengal Board of Secondary Education gave an anxious consideration to the question of recognition of the above school and arrived at the decision that it was to be recognised as a four class junior high school without financial assistance from the government, provisionally fo...
Tarapada Dhibar Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Jun-26-2013
ORDER SHEET WP No.732 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TARAPADA DHIBAR Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :26. h June, 2013. Appearance: Mr.Partha Ghosh, Advocate Mr.Shamik Chatterjee, Advocate for the petitioner Mr.Amit Halder, Advocate for the respondents The Court: This is a very tricky age dispute concerning a worker of Eastern Coal Fields Ltd., the respondent No.2. The question is whether the date of birth of this person is to be 1st July, 1953 or 5th November, 1959 ?. The fiRs.annexure to the writ petition at page 17 is a certificate dated 5th November, 1959 issued by a Private Medical Practitioner of Dhanbad, certifying the above to be the date of birth of the writ petitioner. It appears from the records of the second respondent, including service record books as produced by Mr.Halder, learned counsel, that at least upto 1987 the date of birth of the writ petitioner in the records was entere...
M/S. Toubro Furguson (i) Pvt Ltd Vs. Ram Awatar Bansal and Co
Court: Kolkata
Decided on: Jun-26-2013
1 ORDER SHEET APO No.176 of 2013 CP No.313 of 2008 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.TOUBRO FURGUSON (I) PVT LTD Versus RAM AWATAR BANSAL & CO BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :26. h June, 2013. Appearance: Mr.Jishnu Chowdhury, ld. Advocate For the appellant. Mr.Ashesh Bhattacharjee, ld. Advocate For the respondent. The Court :- We heard this appeal on June 19, 2013. We asked both the parties to be present. Pursuant to the direction, today man in control in both the Companies deliberation. are We present could in Court. persuade We them have to a reach brief at a conclusion. Parties agree, the appellant would pay a sum of Rs.2.23 lacs in full and final settlement to the respondent in two equal instalments payable on July 07 and July 31, 2013. Parties would also agree, in case of default in making payment of any one of the instalments, defaulted instalment would carry interest @8% p.a.from the...
Ganesh Commercial Company Limited and ors Vs. Arun Kumar Mohata and an ...
Court: Kolkata
Decided on: Jun-26-2013
ORDER SHEET ACO No.109 2013 APO No.500 of 2006 CP No.64 of 2004 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GANESH COMMERCIAL COMPANY LIMITED & ORS Versus ARUN KUMAR MOHATA & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date :26. h June, 2013. Appearance: Mr.S.B.Mookherjee, Sr.Advocate Mr.D.Basak, Advocate Mr.A.Singh, Advocate Mr.V.Jhunjhunwala, Advocate Mr.Jishnu Saha, Advocate Mr.P.K.Jhunjhunwala, Advocate Mr.S.Rudra, Advocate The Court: This is an application filed in APO No.500 of 2006 which has been reserved for judgement. The grievance of the petitioners is that from the order dated 30th March, 2006, a 10F appeal has been filed and is awaiting judgement. During pendency of the appeal, execution proceeding was initiated by the respondents herein, as certain sums of money was to be paid by the petitioners to the respondents under the said judgement and order of the Company Law Board (CLB).From time to time the parties sought adjournment of the execution pr...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-26-2013
ORDER SHEET CP No.428 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF:D.K.JAIN PROPERTIES PVT LTD -ANDIN THE MATTER OF :REGISTRAR OF COMPANIES, WEST BENGAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :26. h June, 2013. Appearance: Mr.Chayan Gupta, Adv.Mamta Bhargav, Adv.The Court : The petition is for resurrecting a company which has been struck off the list of functioning companies under Section 560 of the Companies Act, 1956 for the statutory records and documents not having been filed. The Registrar has filed a statement indicating therein that a total amount of Rs.36,000/- on account of filing fees, additional filing fees and penalty would be due from the company to the Central Government if the statutory records not filed earlier were to be filed now. The petitioner accepts such position and is agreeable to pay the amount. Subject to the petitioner paying a sum of Rs.36,000/- to the Registrar of Companies within a fortnight from date, ...
Shree Balasaria Construction Pvt. Ltd. Vs. Ramesh Kumar Nangalia and o ...
Court: Kolkata
Decided on: Jun-26-2013
AP No.245 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHREE BALASARIA CONSTRUCTION PVT.LTD.Versus RAMESH KUMAR NANGALIA AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :26. h June, 2013. Appearance: Mr.S.N. Mitra, Sr.Adv.Mr.Kumar Gupta, Adv.Mr.R.Dhara, Adv..for the petitioner Mr.D.N. Chatterjee, Adv..for the respondents Mr.Sakya Sen, Adv.Ms.Priyanka S. Tibrewal, Adv..for the State The Court : The State was directed to be given notice upon the respondents bringing it to the notice of the Court that the matrix contract containing the arbitration clause could not be looked into unless it was registered upon due stamp duty being paid thereon. The State has filed an affidavit indicating that stamp duty would be payable on the document as on date. However, the provision referred to by the State was introduced by way of an amendment of the year 2012. There is no dispute that the agreement containing the arbitration clause was executed betw...
Utkarsh Tubes and Pipes Ltd. Vs. Rajeshwar Prasad and ors.
Court: Kolkata
Decided on: Jun-26-2013
1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA No.2966 of 2012 With CS NO.357 of 2012 UTKARs.TUBES & PIPES LTD.Versus RAJESHWAR PRASAD & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :26. h June, 2013. Appearance: Mr.Abhrajit MItra, Advocate. Mr.Soumya Roy Chowdhury, Advocate. Mr.Dwip Raj Basu for the petitioner The Court: In spite of service, none appears on behalf of the respondents. Affidavit of service filed today be kept on record. By order dated 17th October, 2012 an order of injunction was passed and such order was passed by restricting the defendants from using the logo UP. This day Counsel for the petitioner seeks a restraint order on the respondents from using the word Bansal. The reason for seeking such relief is that the petitioner is a prior user in respect of the word Bansal than the respondents. The petitioner has been using the said trade word since 15th April, 1985. Whereas in the objection filed to the rectification ...
Hara Prosad Mookerjee and ors. Vs. Nirjharini Mookerjee and ors.
Court: Kolkata
Decided on: Jun-26-2013
1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA No.2846 of 2012 With CS No.394 of 1957 HARA PROSAD MOOKERJEE & ORS.Versus NIRJHARINI MOOKERJEE & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :26. h June, 2013. Appearance: Ms.Sumita Mukherjee, Advocate. The Court: By this application the petitioners seek amendment of the cause title. The original plaintiff No.1 was Hara Prosad Mookerjee, plaintiff No.2 was Guru Prosad Mookerjee and plaintiff No.3 was Rama Prasad Mookerjee. Hara Prosad Mookerjee died on 9th December, 1993 and his death was recorded by an order dated 25th January, 1994 and his legal heirs and representatives brought on record. Guru Prosad Mookerjee died thereafter and his widow relinquished her share. Both the aforesaid names were recorded in the orders dated 19th June, 1997 and 19th June, 2008. The defendant No.1, Nirjharini Mookerjee also died on 21st October, 1997 and that was also recorded. One of the sons of Hara Pros...
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