Kolkata Court July 2013 Judgments
Abhinandan International Pvt. Ltd. and ors. Vs. Allahabad Bank
Court: Kolkata
Decided on: Jul-25-2013
ORDER SHEET CS No.215 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ABHINANDAN INTERNATIONAL PVT.LTD.& ORS.Versus ALLAHABAD BANK BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :25. h July, 2013. Appearance: Mr.M.Raj Shekhar Rao, Adv.Mr.A.Rashid, Adv.Mr.Sajal Kanti Bhattacharyya, Adv.Mr.Biswajit Sardar, Adv..for the plaintiffs. Mr.Dhrubo Ghosh, Adv.Mr.Paresh Nath Ray, Adv.Mr.Soumya Ray, Adv.Mr.Arijit Basu, Adv..for the defendant. The Court: After considering the pleadings and the documents filed by the parties as also the suggested issues the following issues are framed for trial:1) Is the suit at the instance of the plaintiff nos.2 to 7 maintainable?.2) Are the claims made by the defendant nos.2 to 7 barred by limitation?.3) Was the defendant justified in encashing the fixed deposit of Rs.8 lacs prematurely?.4) Did the plaintiffs suffer any loss or damage due to such unauthorized premature encashment of the fixed deposit as alleged by the plainti...
Tag this Judgment!Shukla Das Vs. Larsen and Toubro Ltd and anr.
Court: Kolkata
Decided on: Jul-25-2013
ORDER SHEET GA No.2173 of 2013 CS No.252 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHUKLA DAS Versus LARSEN & TOUBRO LTD & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date :25. h July, 2013. Appearance: Mr.K.Thakar, Adv.Mr.Rudraman Bhattacharya, Adv.Mr.Biswanath Chatterjee, Adv.for the petitioner The Court: In a suit for cancellation of letters dated 25th March, 2013, 6th July, 2013 and 19th July, 2013 as also the report dated 27th June, 2013 this application has been filed for interim reliefs. The case of the petitioner is that she was sexually harassed in her workplace and on a complaint lodged a committee was constituted. The committee constituted is not in accordance with Section 4(2)(c) of the Sexual Harassment of Women at Workplace Act, 2013. From the findings of the complaint committee an appeal was filed and without hearing the petitioner, by letter dated 19th July, 2013, the petitioner has been transferred to Bhubaneswar. Hence, thi...
Tag this Judgment!Malti Devi Banka Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Jul-25-2013
WP No.188 of 2012 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Malti Devi Banka Versus Kolkata Municipal Corporation & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date:25. h July 2013 Appearance: Mr.L.C. Behani, Sr.Advocate Mr.N.C. Behani, Advocate for the petitioner Mr.Alok Kumar Ghosh, Advocate Ms.Sima Chakraborty, Advocate for KMC Mr.Achintya Kumar Banerjee, Advocate Mr.Deep Narayan Mukherjee, Advocate for respondent Nos.6 to 10 The Court: This writ application challenges the order of the Special Officer (Building) dated 17th February 2012. The issue of illegal construction at and demolition of parts of premises No.39/1, Sarat Bose Road, ground floor, Kolkata was sent on remand to the Special Officer, by a judgment and order dated 14th January 2011 passed by a Division Bench of this Court presided over by the Honble Mr.Justice Kalyanjyoti Sengupta. It is most important to set out the material part of the said judgment of their lordships: It would be op...
Tag this Judgment!M/S. Nopany and Sons Pvt. Ltd. and anr. Vs. Gopal Krishna Bhagat
Court: Kolkata
Decided on: Jul-25-2013
ORDER SHEET GA No.1918 of 2013 CS No.3 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction M/S.NOPANY & SONS PVT.LTD.& ANR. Versus GOPAL KRISHNA BHAGAT BEFORE: The Hon'ble JUSTICE PATHERYA Date :25. h July, 2013. Mr.Ranjan Deb, Sr.Advocate, Mr.Meghajit Mukherjee, Mrs.K.Banerjee for the petitioner. Ms.Sutapa Sanyal, Mr.T.Aich for the respondent. The Court : By this application the plaintiff seeks to record the death of the sole defendant and substitute his widow in his place and stead. Such substitution has been opposed by Counsel for the proposed defendant on the ground that the widow of the deceased defendant ought not be substituted alone but her three sons ought to be substituted along with her. Counsel for the plaintiff submits that this is not necessary as in the letter dated 12th June, 2013 it has been specifically stated that the sons of the widow and the deceased defendant are residing outside India and the only person residing at present in the said prem...
Tag this Judgment!Swapan Kumar Roy Vs. New India Insurance Co. Ltd. and ors.
Court: Kolkata
Decided on: Jul-25-2013
ORDER SHEET WP 66.OF 200.IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SWAPAN KUMAR ROY Versus NEW INDIA INSURANCE Co.LTD.& ORS.BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :25. h July, 2013. Mr.K.Bhattacharjee, Adv., for petitioner. Mr.P.Mukherjee, Adv.with Mr.R.Bhattacharjee, Adv., for respondents. The Court : Mr.Bhattacharjee, learned counsel appearing in support of the writ petitioner, submits that the respondents were not correcting the date of birth of the writ petitioner in the service records. Bhattacharjee submitted that the Board Certificate is document, which was accepted previously, was disbelieved. the Mr.relevant Later on, the date of birth was corrected on the basis of an application which was made available to petitioner. the respondents by the erstwhile employer of the writ Mr.Bhattacharjee submits that the respondents ought not to have done this correction. He submitted that the writ petitioner was compelled to retire on Jun...
Tag this Judgment!Shakuntala Binjarajka Vs. Britannia Industries Ltd.
Court: Kolkata
Decided on: Jul-25-2013
1 ORDER SHEET APO No.141 of 2010 CP No.345 of 2007 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SHAKUNTALA BINJARAJKA Versus BRITANNIA INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :25. h July, 2013. Appearance: Mr.Sakya Sen, Mr.Sunil Singhania with Ms.N.Adhya, ld. Advocates for the appellant. Mr.Sibaji Mitra with Mr.P.Bishal, ld. Advocates for the respondent. The Court :- The winding up petition for Rs.25,82,317.15 was heard by the learned Single Judge. The amount would constitute Rs.18 lacs approximately on account of principal amount and the rest as interest. The learned Judge by judgment and order dated March 16, 2010 admitted the application for principal sum of Rs.23,815.44 together with interest @10% p.a.and relegated the parties to suit for the balance amount. Being aggrieved, the petitioning creditor filed the appeal before us, which we heard on the last occasion. In couRs.of hearing the learned ...
Tag this Judgment!Laser Cables Pvt. Ltd. Vs. Fedders Lloyd Corpn. Ltd. and anr.
Court: Kolkata
Decided on: Jul-25-2013
ORDER SHEET GA NO.2158 OF 201.CS NO.116 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LASER CABLES PVT.LTD.Versus FEDDERS LLOYD CORPN. LTD.& ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date :25. h July, 2013. Appearance: Mr.Abhrajit Mitra, Ms.Rajshree Kajaria, Mr.Jishnu Chowdhury, Mr.S.Mukherjee, Mr.S.Ghose, Advocates for plaintiff The Court : In a suit for a money decree and cancellation of the invocation notices, this application has been filed. G.A.No.1104 of 2013 was filed to restrain invocation of the bank guarantee. The order of status quo was passed in respect of the defendant no.2 bank on 2nd April, 2013. The said order has been extended from time to time and although directions were given for filing affidavits, no affidavit in opposition has been filed. The petitioner is the manufacturer and the defendants are the exporteRs.Therefore, each is entitled to benefits under the DEPB Scheme and Focus Market Scheme so also the Duty Drawback Sch...
Tag this Judgment!Pradip Kumar Moitra Vs. Ramendra Kanta Lahiri
Court: Kolkata
Decided on: Jul-25-2013
ORDER SHEET ALP no.8 of 2013 IN THE HIGH COURT AT CALCUTTA Extra Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRADIP KUMAR MOITRA Versus RAMENDRA KANTA LAHIRI BEFORE: The Hon'ble JUSTICE PATHERYA Date :25. h July, 2013. Mr.Utpal Bose, Ms.R.Roy, Mr.T.K.Chowdhuryfor petitioner. Mr.A.Mitra, Mr.Raja Basu Chowdhury, Mr.S.Chakrabortyfor respondent. The Court : This is an application filed under Clause 13 of the Letters Patent for transfer of TS No.149 of 2012 pending before the Civil Judge, Senior Division, 5th Court, Alipore to this Court. The reason for such transfer is that the plaintiff in the Alipore Court has been a court clerk and is not a practicing advocate. The steps taken for proceeding with the suit is alien to proceedings in the Alipore Court. The suits of 2007 and 2009 till date have not been disposed of whereas with a great amount of speed and haste the instant suit is being proceeded with. The suit was filed in June, 2012 and issues were framed in April, 2013. Therefor...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-25-2013
ORDER SHEET C.A.No.325 of 2013 C.A.No.157 of 2013 C.P.No.439 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction SAMPAD SCALES & SYSTEMS PVT.LTD And HDFC BANK LTD.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :25. h July, 2013. Appearance: Mr.Avik Datta,Advocate Mrs.Baisakhi Singha,Advocate for applicant. Mr.Sukrit Mukherjee,Advocate Mr.Joydeep Roy,Advocate Mr.Sudeep Kumar,Advocate for HDFC Bank. The Court : This is an application for referring the parties to the Arbitration as the subject matter of this petition squarely comes within the ambit of an arbitration agreement. The winding up petition was taken out by the bank as the company is unable to pay its debt. The winding up petition was admitted ex parte for a principal sum of Rs.5,99,822/- together with the cheque bouncing charges of Rs.18,404/- and the aforesaid sums were directed to be paid with interest at the rate of 12% per annum on and from November 14,2012 till its payment. Subsequently, the company applied for rec...
Tag this Judgment!Lumino Industries Ltd. Vs. Fedders Lloyd Corpn. Ltd. and anr.
Court: Kolkata
Decided on: Jul-25-2013
ORDER SHEET GA NO.2159 OF 201.CS NO.117 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LUMINO INDUSTRIES LTD.Versus FEDDERS LLOYD CORPN. LTD.& ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date :25. h July, 2013. Appearance: Mr.Abhrajit Mitra, Ms.Rajshree Kajaria, Mr.Jishnu Chowdhury, Mr.S.Mukherjee, Mr.S.Ghose, Advocates for plaintiff The Court : In a suit for a money decree and cancellation of the invocation notices, this application has been filed. G.A.No.1104 of 2013 was filed to restrain invocation of the bank guarantee. The order of status quo was passed in respect of the defendant no.2 bank on 2nd April, 2013. The said order has been extended from time to time and although directions were given for filing affidavits, no affidavit in opposition has been filed. The petitioner is the manufacturer and the defendants are the exporteRs.Therefore, each is entitled to benefits under the DEPB Scheme and Focus Market Scheme so also the Duty Drawback Sc...
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