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Kolkata Court June 2013 Judgments

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Jun 13 2013

Sri Nil Ratan Datta and ors. Vs. R.P.Techvision (i) Pvt. Ltd. and ors.

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET GA NO.1658 OF 201.CS NO.194 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Sr.NIL RATAN DATTA & ORS.Versus R.P.TECHVISION (I) PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :13. h June, 2013. APPEARANCE: MR.RANJAN BACHAWAT, MR.M.DASGUPTA, MR.MEGHOJIT MUKHERJEE, MR.S.DASGUPTA, MS.KABITA MUKHERJEE, ADVOCATES FOR PETITIONERS The Court : In a suit for defamation, this application has been filed for interim relief. The case of the petitioners is that advertisements of their group companies is broadcast on Kolkata T.V.and for such purposes M/s.AD Merchants India Private Limited is appointed as their agent. On 18th April, 2013 certain defamatory broadcast against the plaintiffs was made as breaking news over the channel of the defendants. On coming to knot of the same, the petitioners made payment of Rs.15 lakhs. But the said news continued and ultimately the sums due and payable to the respondents was made. This was accepted by th...


Jun 13 2013

Rakhal Chandra Paul and ors. Vs. Veteran Company Private Ltd. and ors.

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET ACO No.52 of 2009 With APO No.114 of 2010 CP No.23 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE RAKHAL CHANDRA PAUL & ORS.Versus VETERAN COMPANY PRIVATE LTD.& 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 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 t...


Jun 13 2013

Ram Das Ram Vs. the State of West Bengal and ors.

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET WP No.244 of 2006 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RAM DAS RAM Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :13. h June, 2013. Appearance: Mr.S.S.Arefin, Advocate for the petitioner The Court: The respondent State has not filed any affidavit in opposition, in spite of directions. Learned Counsel for the petitioner submits that the facts of the instant case are identical to those in two other writ applications (WP No.662 of 2002 Paresh Chandra Das versus State of West Bengal & Ors.) and (WP No.972 of 2003 Ram Das Ram versus The State of West Bengal & Ors.) decided by a judgement and order of Maharaj Sinha, J., on 30th April, 2004. I accept such submission. It was submitted before me that from the said judgement and order of Maharaj Sinha, J., an appeal was preferred by the State before a Division Bench of this Court which by its judgement and order dated 18th December, 2007, dismissed the appeal...


Jun 13 2013

Sheeba Properties Ltd. Vs. Pirojiwal Timber Pvt. Ltd. and anr.

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET EC No.121 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHEEBA PROPERTIES LTD.Versus PIROJIWAL TIMBER PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date :13. h June, 2013. Mr.Moinak Bose, Mr.Chayan Gupta, Adversus for the decree-holder Mr.Amal Kr. Sen, Mr.Biswadip Ghosh, Adversus for judgment-debtor Nos.1 & 2 The Court : By order dated 16th April, 2013, joint Receivers were appointed to take physical possession of the asset in question and such order has been implemented as will appear from the report filed by the joint ReceiveRs.This day it has been submitted by counsel for the judgment-debtors that the award is barred by limitation and therefore directions be given for filing affidavits. From a reading of the report of the joint ReceiveRs.it appears that the asset in question is lying in the depot of West Bengal State Transport Corporation at Salt Lake and cannot be moved as it has virtually turned into junk. It has also be...


Jun 13 2013

Manoj Kumar Khatua Vs. L and T Finance Ltd.

Court: Kolkata

Decided on: Jun-13-2013

ORDER SHEET GA No.1003 of 2013 AP No.1074 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAnot KUMAR KHATUA Versus L & T FINANCE LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :13. h June, 2013. Appearance: Mr.P.Kumar, Advocate ..for the petitioner Mr.P.Sinha, Advocate ..for the respondent The Court: In view of the grounds made out as to why the petitioner was unable to be represented in Court on March 8, 2013 when AP No.1074 of 2012 was dismissed for default, the order dated March 8, 2013 is recalled and AP No.1074 of 2012 is restored to the file. By consent of the parties, AP No.1074 of 2012 is treated as on the days list and taken up for immediate disposal. The grievance of the petitioner is that the men and agents of the respondent finance company wrongfully repossessed the vehicle that is the subject-matter of the agreement between the parties. The petitioner complains of such illegal repossession having taken place on October 20, 20...


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