Kolkata Court July 2013 Judgments
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Jagdish Alias Jagdish Hela Vs. Calcutta Municipal Corporation
Court: Kolkata
Decided on: Jul-17-2013
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.502 of 1999 JAGDISH ALIAS JAGDISH HELA Versus CALCUTTA MUNICIPAL CORPORATION -AndWP No.1247 of 2008 JAGDISH @ JAGADISH HELA -VsTHE CALCUTTA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :17. h July, 2013. Appearance : Mr.Kishore Datta, Advocate. Mr.Upendra Roy, Advocate. for the petitioner Mr.Aloke Ghosh, Advocate. Mr.Dilip Kumar Chatterjee, Advocate. for the KMC. The Court : Both the writ petitions, being WP No.502 of 1999 and WP No.1247 of 2008, are taken up together since the same dispute involves in these two matteRs.The writ petitioner has assailed the impugned decision of the Municipality reverting the petitioner from Block Sarkar to Conservancy Mazdoor/Dome. Mr.Datta, learned Counsel appearing for the writ petitioner, submits that the writ petitioner was appointed as Methor but he served as the Conservancy Mazdoor belonging to Group-D. post since after his...
Anindya Datta and anr. Vs. K. M. C.
Court: Kolkata
Decided on: Jul-17-2013
W.P.939 of 2004 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side ANINDYA DATTA & ANR. Versus K.M.C. BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :17. h July, 2013. For the Petitioner : Mr.Saunak Ghosh with Mr.Rajib Mullick, Advocates For the K.M.C.Mr.Alok Ghosh with Mr.Dilip Chatterjee, Advocates THE COURT : : The writ petitioner is aggrieved against the impugned bill raised by Municipal authority against water fee for the period 2003-2004 for the residential flat of the writ petitioner. Mr.Saunak Ghosh, learned counsel appearing in support of the writ petitioner submits that the imposition itself is bad and arbitrary. Mr.Ghosh submits that in case of another flat situated in the same building wherein the annual valuation is fixed at Rs.4920/- the Municipal authority charged water fee at the rate of 4.06% ; whereas in case of the writ petitioner, flat was assessed at Rs.14,260/- and water fee was raised at the rate of 9.82% which, according to t...
L and T Finance Ltd. Vs. Mr. Krishna Bahadur Gurang and anr.
Court: Kolkata
Decided on: Jul-17-2013
ORDER SHEET EC No.328 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.Versus Mr.KRISHNA BAHADUR GURANG & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date :17. h July, 2013. Mr.Subhankar Shaw, Adv.appears The Court : Report filed by the Receiver be kept on record. Let the copies of the report be circulated. By order dated 2nd July, 2013, liberty was given to the Receiver to undertake sale either by public auction or private treaty. Advertisement though published no offer was received by public auction but by private treaty one offer has been received for Rs.9.75 lakh in respect of the asset in question. Such offer has been made by one Mr.Sanat Barua of Ashrampara, Siliguri. Accordingly, the earnest money has also been deposited by him in the name of the erstwhile Joint ReceiveRs.Accordingly, let the sale in favour of Mr.Sanat Barua of Ashrampara, Siliguri be confirmed for the sum of Rs.9.75 lakh and upon payment of the balance sum...
indo Japan Industries Ltd. (In Liqn) Vs. Ravi Kumar Nigam and ors.
Court: Kolkata
Decided on: Jul-17-2013
CA No.89 of 2013 CP No.15 of 1993 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION INDO JAPAN INDUSTRIES LTD.(IN LIQN) Versus RAVI KUMAR NIGAM AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :17. h July, 2013. Appearance: Mr.Debayan Ghosh, Adv.Ms.Smita Das De, Adv.The Court : This is an application by three of the erstwhile officers of the company in liquidation seeking the decree dated July 26, 2011 to be recalled or set aside as against these applicants. The decree was passed upon the Court being satisfied as to service being effected on the ultimate judgment-debtORS.The Court also declined a part of the claim made in paragraph 8(d) of the points of claim. The Court held that there were substantial sums obtained by the officers of the company on account of sales tax, provident fund, profession tax and ESI that had not been deposited with the competent authorities. The applicants say that the applicants were not directors of the company at the time that the company went in...
Green Distributors Vs. U.P. Seeds and Tarai Development Corporation Lt ...
Court: Kolkata
Decided on: Jul-17-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen C.S.626 of 1990 Green Distributors Vs. U.P. Seeds & Tarai Development Corporation Ltd. For the plaintiff : Mr. Arindam Sinha, Ms. Sutapa Sanyal, Mr. Syamantak Banerjee, Mr. T. Aich For the defendant : Mr. Arijit Banjerjee, Mr. Sabyasachi Chowdhury, Mr. R.L. Mitra, Ms. Priyanka Dhar Heard on :10. 06.2013, 24.06.2013, 01.07.2013, 02.07.2013, 03.07.2013, 04.07.2013, 04.07.2013 Judgment on :17. h July, 2013 Soumen Sen, J.:- The plaintiff has filed the suit on July 27, 1990 for recovery of sum of Rs.6,87,222.37p. from the defendant on account of commission charges. The plaintiff was appointed in the year 1981 by the defendant as distributor for sale of different kinds of seeds for the territory of West Bengal on, inter alia, the following terms and conditions:- a) The plaintiff would keep in deposit with the defendant Rs.5,000/- as security to be returned by the latter on...
Sarveshwari Mining Pvt. Ltd. Vs. Amjad Ali and anr.
Court: Kolkata
Decided on: Jul-17-2013
Form not J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Justice Dr. Mrinal Kanti Chaudhuri A.P.O.No.189 of 2013 C.P.No.580 of 2000 The Sutna Stone and Lime Co.Ltd (In Liqdn) And Sarveshwari Mining PVT.LTD.versus Amjad Ali & Anr. For the Appellant : Mr.Ahin Chowdhury, Senior Advocate Mr.Joydip Kar, Advocate Mr.Subrata Dutta, Advocate Ms.Kuheli Sinha, Advocate Ms.Sumana Sinha, Advocate For Official Liquidator : Ms.Ruma Sikdar, Advocate For the Respondent No.1 : Ms.Sucharita Biswas, Advocate Mr.Debapriya Gupta, Advocate [ Heard on : July 5 &12, 2013 Judgment on : July 17, 2013 ASHIM KUMAR BANERJEE, J.Satna Stone and Lime Company Limited was wound up by this Court. The company had a landed asset being huge chunk of land in Madhya Pradesh. Pursuant to the order dated December 5, 2008 the Official Liquidator asked the appropriate authority at Madhya Pradesh for making necessary arrangement for...
Edelweiss Asset Reconstruction Co. Ltd. Vs. the Official Liquidator
Court: Kolkata
Decided on: Jul-17-2013
CA No.114 of 2013 BIFR No.114 of 1997 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION In the matter of: Shree Synthetics LTD.(In Liqn.) And In the matter of: Edelweiss Asset Reconstruction Co.LTD.Versus The Official Liquidator Before: The Hon'ble Justice Harish Tandon Date:17. h July 2013 Appearance: MRS.Sheela Sharma, Advocate Mr.Subhodip Biswas, Advocate Mr.J.K. Roy, Advocate for the petitioner Mr.Biswajit Ghosh, Advocate for Punjab National Bank Mr.Shamit Sanyal, Advocate for State Bank of India Mr.Ratul Das, Advocate Mr.Sugata Mukhopadhyay, Advocate for the added party The Court: This is an application at the instance of Edelweiss Asset Reconstruction Company Limited being the assignee of IIBI for release of an interim payment to the extent of 20% of the adjudicated claim. The matter appeared on 30th April 2013 and the Company Court directed the official liquidator to process the claims which have been received upon putting a notice on the website and the official liquidator wa...
Bangani LefIn Pvt. Ltd. Vs. Sovana Sinha Roy and ors.
Court: Kolkata
Decided on: Jul-17-2013
ORDER SHEET GA NO.1301 OF 201.WITH CS NO.312 OF 200.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BANGANI LEFIN PVT.LTD.Versus SOVANA SINHA ROY & ORS. BEFORE: The Hon'ble JUSTICE PATHERYA Date :17. h July, 2013. Mr.S.Deb, Ms.S.Biswas, Mr.D.Guptafor petitioner. Mr.S.Talukdar, senior advocate, Mr.T.Goswami, Ms.T.Banerjeefor respondents. The Court : By this application the petitioner seeks production of the original documents on the basis of which a declaration is sought in prayer[a].of the suit filed and on production of such documents the petitioner seeks that the same be impounded and kept in the custody of the Court. These prayers have been made on the basis of Order 13 Rule 8 of the Code of Civil Procedure. The language of Order 13 Rule 8 is very clear and is discretionary. The word used is may. and No.shall.Any order that may be passed, is also subject to sufficient cause. In the instant case, the only cause shown by the petitioner for impounding t...
Srei Equipment Finance Pvt. Ltd. Vs. M/S. John and Company and ors.
Court: Kolkata
Decided on: Jul-17-2013
AP No.270 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.-VersusM/S.JOHN & COMPANY & ORS.Appearance: Mr.Satarup Banerjee, Adv.Mr.Jishnu Chowdhury, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 17, 2013. The Court: During the pendency of this petition under Section 9 of the Arbitration and Conciliation Act, 1996, the respondents have completed the payment of the initial sum of Rs.15 lakh as envisaged in the order dated October 19, 2012 passed on a previous petition. Such order of October 19, 2012 entitled the respondents to obtain possession of a vehicle bearing registration not WB 37.9987 from the receiver upon payment of the initial sum of Rs.15 lakh. The petitioner insists that either the respondents obtain such vehicle immediately or the petitioner be given liberty to deal with the same by selling it. Since the respondents agree to take possession of the vehicle bearing registration not WB 37.9987...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-17-2013
ORDER SHEET C.A.No.324 of 2013 C.P.No.2 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction In the matter of: not STOP MARKETING PVT.LTD.And DASCo.Co.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :17. h July, 2013. Appearance: Mr.R.N.Dutta,Advocate Mr.G.C.Ghosh,Advocate Mrs.Manju Agarwal,Advocate Mr.Bajrang Manot,Advocate Mr.Deepak Jain,Advocate The Court : This is an application for extension of time to deposit a sum of Rs.10,25,533/- with the Registrar, Original Side. By order dated 7th May, 2013, the company was directed to deposit the aforesaid sum within a week after reopening of the Court after summer vacation. Although the publication has already been made and I am conscious of the fact that the matter has assumed the representative character but it appears from the said application that the demand draft for the aforesaid amount was made on 13th June, 2013 and the same was sought to be tendered to the Registrar, Original Side who could not accept the same as there has b...
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