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Kolkata Court June 2013 Judgments

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Jun 13 2013

Appellant Vs. Respondent

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET CA No.256 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: SHREE SANYEEJ.STEEL AND POWER LIMITED BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :13. h June, 2013. Appearance: Mr.M.S.Tewari, Adv.The Court : The company prays for a sanction of the scheme under Section 391 of the Companies Act for payment of the dues to its creditORS.Although the scheme, prima facie, proposes to have been restricted to the unsecured creditors but it also suggests some modalities for payment of the dues of the secured creditors as well. The company is directed to hold a meeting of its creditORS.both secured and unsecured, which shall be convened and held at 21, Hemant Basu Sarani, Kolkata ...


Jun 13 2013

Rajib Paul and ors. Vs. Veteran Company Private Limited and ors.

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET ACO No.178 of 2012 With APO No.114 of 2010 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE RAJIB PAUL & ORS.Versus VETERAN COMPANY PRIVATE LIMITED & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :13. h June, 2013. Appearance: Mr.Ahin Chowdhuri, Sr.Adv.Mr.S.Bhattacharya, Adv.Mr.D.N.Chowdhury, Adv.Mr.Jishnu Chowdhury, Adv.The Court : This is an application for substitution of the heirs and legal representatives of the deceased respondent No.3 who died leaving behind him and surviving the heirs as indicated in Paragraph 18 of the said application. On April 12, 2013, this Court directed the appellants to serve the copy upon the heirs of the said deceased respondent No.3. The affidavit of service filed today reveals that out of four, two have received by putting his signature on the acknowledgment card. One of the postal articles is returned with the postal remark not found. whereas the last one was initially received but is sent back to the appellants. Th...


Jun 13 2013

Ncs Shipping Far East Co. Ltd. Vs. the Owners and Parties Interested i ...

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET AS 9 OF 200.IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE NCS SHIPPING FAR EAST CO. LTD. Versus THE OWNERS & PARTIES INTERESTED IN THE BUNKERS ON BOARD THE VESSEL MV FREEDOM LILY & ANR. BEFORE: The Hon'ble JUSTICE TAPEN SEN Date :13. h June, 2013. Mr. D. Basu, Adv. appears. Mr. S. Banerjee, Adv. appears. The Court : When this case was called out, learned counsel Mr. Banerjee, appearing for the defendants/owners of the vessel, stated that the matter has been compromised between the parties. settlement. He filed the terms of The said terms read as follows: By consent of the parties the Admiralty Suit No.9 of 2009 is treated as on the days list and disposed of on the following Terms of Settlement arrived at by the parties:1. It is recorded that the plaintiffs have amicably settled their disputes with the defendants and are not interested to proceed with the present suit any further.2. The amounts paid by the defendants towards security for release of the ...


Jun 13 2013

Space Matrix P. Ltd. Vs. Idbi Bank Ltd. and ors.

Court: Kolkata

Decided on: Jun-13-2013

WP No.476 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction SPACE MATRIX P. LTD.Versus IDBI BANK LTD.& ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :13. h June, 2013. Appearance: Mr.Mainak Bose, Adv.Mr.S.Sengupta, Adv.Mr.V.Raja Rao, Adv.Ms.Aparajita Ras, Adv.Mr.Somdutt Bose, Adv.The Court : Affidavit-in-opposition be filed within a week from date; reply thereto, if any, may be filed within four days thereafter. WP No.476 of 2013 may be mentioned by the parties before any Bench taking hearing matters for inclusion in the monthly list of July, 2013. The grievance of the petitioners is that the respondent no.1 bank has recalled the credit facilities granted to the petitioners by a notice dated May 2, 2013 despite such bank being the lead bank in a consortium of banks, without considering the Corporate Debt Restructuring scheme pertaining to the petitioner company. The petitioners refer to the banks letter as lead bank of the consortium issued on May 26, 2013 f...


Jun 13 2013

State of West Bengal and ors. Vs. West Bengal State Election Commissio ...

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA 152.OF 201.WITH APO 16.of 2013 WP 31.of 2013 STATE OF WEST BENGAL & ORS.Versus WEST BENGAL STATE ELECTION COMMISSION BEFORE: The Hon'ble CHIEF JUSTICE ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :13. h June, 2013. Mr.Bimal Chatterjee, Advocate General Mr.Ashoke Banerjee, Govt. Pleader Mr.Avratosh Majumder, Advocate Mr.Paritosh Sinha, Advocate ..for State. Mr.Samaraditya Pal, Sr.Advocate Mr.L.C.Behani, Sr.Advocate Ms.Anamika Pandey, Advocate ..for State Election Commission The Court :- Considered the GA No.1520 of 2013. The State Election Commission has confined the prayer only for following two clarifications;i) Firstly, clarification is sought relating to the expression,. with regard to to deployment of police personnel and other forces, norms of 2008 will be followed, as agreed in consultation with the State Election Commission. Prayer has been made that it may be clarified that quantum o...


Jun 13 2013

National Plywood Industries Ltd. Vs. National Price Ply Agency

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET CS No.4 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NATIONAL PLYWOOD INDUSTRIES LTD.Versus NATIONAL PRICE PLY AGENCY BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :13. h June, 2013. Appearance: Mr.D.Jyoti Dutta, Adv.Ms.D.Adhikari, Adv.Ms.S.Parveen, Adv.The Court :- It appears that on 7th September, 2012 Mr.Mohit Gupta appeared on behalf of the defendant no.1 and submitted that the defendant could not file the written statement although an order to that effect was passed on 30.11.99. In view of the pendency of the appeal, he prayed for some time to file the written statement. Mr.Gupta did not appear thereafter not the defendant has filed any application for extension of time to file the written statement as observed by Honble Justice Shrivastava in his Lordships order dated 7th September, 2012. The department concerned is directed to file a report as to whether Mr.Gupta has filed any Vokalatnama on behalf of the defendant no.1 or fo...


Jun 13 2013

Anjushree Nandy and anr. Vs. Gopi Nath Mukhopadhyay and anr.

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET CC No.57 of 2013 WP No.258 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE IN THE MATTER OF:ANJUSHREE NANDY & ANR. Versus GOPI NATH MUKHOPADHYAY & ANR. BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :13. h June, 2013. For Petitioner :Mr.R.A.Agarwal, Advocate, MRS.Nibedita Pal, Advocate with Mr.Ramesh Dhara, Advocate. For the State :Mr.Paritosh Singha, Advocate. The Court :-In this contempt petition, the allegation of the petitioners is willful disobedience of the order passed by this Court on 21st March, 2013. ControveRs.involved in this proceeding arose out of a prayer for transfer of distributor licence under the West Bengal Public Distribution System (Maintenance and Control) Order, 2003 from an existing distributor to her son. The ground on which such transfer is sought for is ill health of the subsisting distributor. The writ petition out of which the contempt action arises was disposed of by this Court on 21st March, 2013 directing...


Jun 13 2013

Zafar Ahmed Vs. Sm. Poly Sircar and ors.

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET GA No.1346 of 2013 CS No.655 of 1983 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ZAFAR AHMED Versus SM. POLY SIRCAR & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :13. h June, 2013. Appearance: Mr.Sakya Sen, Advocate Md.Salauddin Mollah, Advocate Mr.Apurba Kundu, Advocate for the petitioner Mr.P.C.Pal Chowdhury, Advocate for respondent Nos.12b to 17 The Court: This is an application filed by the Receiver, further to leave granted to him by my order dated 12th February, 2013. By my order of the said date, I had directed Smt. Pampa Dutta, to hand over possession of one room in premises No.31 College Row, Kolkata, to the Receiver within four weeks of passing of the order. The order, inter alia, stated that if the Receiver met with any resistance, he could approach this Court. It appears from the minutes of the meeting held by him on 11th March 2013 and 12th March 2013 that on the fiRs.day Smt. Pampa Dutta refused to appear before him and...


Jun 13 2013

Magma Fincorp Limited Vs. Aravali Infrapower Ltd. and ors.

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET EC No.192 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MAGMA FINCORP LIMITED Versus ARAVALI INFRAPOWER LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :13. h June, 2013. Mr.Samrat Sen for the decree holder. The Court : The decree of which execution sought is dated 20th June, 2012. In proceeding initiated under Section 9 of the 1996 Act a Receiver was appointed to collect the receivables mentioned in paragraph 23 of AP 33.of 2012. When the matter came up for hearing a certificate was produced by the Counsel for the judgment debtors wherefrom it appears that sums sufficient to satisfy the decree was lying with Purvanchal Vidhyut Vitran Nigam Limited and accordingly, the order dated 26th April, 2012 was modified by order dated 13th August, 2012. In the execution application filed to execute the decree an order was passed by directing the Organization mentioned above to keep apart a sum of Rs.147.62 lakhs in an interest bearing account to the c...


Jun 13 2013

M/S. Arambagh Hatcheries Limited and Another vs. Employees' State Insu ...

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET WP 53.OF 201.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.ARAMBAGH HATCHERIES LIMITED AND ANOTHER Versus EMPLOYEES' STATE INSURANCE CORPORATION AND OTHERS BEFORE: The Hon'ble JUSTICE TAPEN SEN Date :13. h June, 2013. Mr.S.Majumder, Adv.appeaRs.Mr.S.Banerjee, Adv.appeaRs.The Court : The petitioners have come to this court challenging the order dated February 21, 2013 (Annexure P-9) and the letter dated April 24, 2013 (Annexure P-10).By reason of the order dated February 21, 2013, the Deputy Director, Employees State Insurance Corporation, recorded that on February 20, 2013, Sr.Subrata Pal, the Administrative Officer of the petitioneRs.attended a personal hearing and stated that the required records for 2007-08 could not be produced registered office at Arambagh. as the records were lying with their The authority then observed that since the records were not produced, verification of the records and assessment of the actual amount of omitte...


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