Kolkata Court August 2013 Judgments
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Re: Anjali Pharmaceauticals Private Limited Vs. the Registrar of Compa ...
Court: Kolkata
Decided on: Aug-12-2013
ORDER SHEET CP No.535 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE RE: ANJALI PHARMACEAUTICALS PRIVATE LIMITED Versus THE REGISTRAR OF COMPANIES, WEST BANGAL BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :12. h August, 2013. 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.30,000/- 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.30,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name of the company to the list ...
Sreejit Kumar Tagore Vs. Radha Kishen Bhatter and ors.
Court: Kolkata
Decided on: Aug-12-2013
CS No.229 of 2004 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SREEJIT KUMAR TAGORE VERSUS RADHA KISHEN BHATTER & ORS.B e f o r e: The Honble Justice SOUMEN SEN Dated, the 12th August, 2013. Appearance: Mr.Souvik Sen, Adv.For the plaintiff. Mr.Piush Chaturvedi, Adv.For the defendant no.6. The Court: The plaintiff was all throughout negligent in conducting the suit and, in fact, it would appear that for the last several years no steps have been taken for effecting service of the writ of summons upon the defendant nos.1to 5 and 7 to 10. Even the order passed on 26th March, 2013 extending the time for complying with the provisions relating to service of writ of summons has not been complied with. The plaintiff is directed to re-lodge the writ of summons along with the copy of the plaint for effecting the service by the office of the Sheriff upon the defendant Nos.1 to 5 and 7 to 10 within a week from date; failing which the suit shall stand dismissed ag...
Magma Fincorp Ltd. Vs. Sayad Fahim and ors.
Court: Kolkata
Decided on: Aug-12-2013
ORDER SHEET GA no.2326 of 2013 CS no.32 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.Versus SAYAD FAHIM AND ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :12. h August, 2013. Mr.Samrat Sen, Mr.K.K.Pandey, Advocates for appear The Court : It is the rarest of rare case where the finance company has alleged fraud against the respondents. By virtue of the said fraud committed the petitioner was made to part with Rs.74 lakhs. This suit has been filed by the petitioner for a money decree and by order dated 28th January, 2013, an order was passed in terms of prayer (f) of the Notice of Motion that is restraining the respondent no.5 from receiving any monies from one of its creditORS.The Receiver was also directed to realise the said sum due and owing from the said creditors and the Receiver has realised the said amount. It has not come to the notice of the petitioner that certain documents have come into the possession of the Inspe...
Feroz Khichi Vs. Avesh Khichi and ors.
Court: Kolkata
Decided on: Aug-12-2013
AP No.828 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction FEROZ KHICHI Versus AVESH KHICHI AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :12. h August, 2013. Appearance: Mr.Prabal Mukherjee, Adv.Mr.Joydeep Kar, Adv.The Court : The parties agreed to have their disputes covered by the arbitration agreement to be referred to Mr.Sakya Sen, Advocate, at a consolidated remuneration of Rs.1.25 lakh to be shared by them equally since it is submitted that the reference should take no more than ten sittings covered over four months from the date of the completion of the pleadings. The petitioner has agreed to file the statement of claim within a period of three weeks from date and the respondents have agreed to file the counter statement within a fortnight thereafter. The parties have agreed not to disturb the arbitrator before the completion of the pleadings. The matter pertains to a partnership firm and the petitioner complains that the petitioner has been...
Mr. Shubham Khan, Ad Vs. ..for the Petitioners
Court: Kolkata
Decided on: Aug-12-2013
ORDER SHEET GA No.2150 of 2013 PLA No.28 of 2008 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF : SWAPAN KUMAR RAY (DEC) BEFORE: The Hon'ble JUSTICE PATHERYA Date :12. h August, 2013. Mr.Jaydip Kar, Mr.Abhijit Kumar Ghosh, Ms.Chandralekha Ghosh, Mr.Shubham Khan, Advs..for the petitioners The Court : For administration of the estate of Swapan Kumar Ray, Sukanta Sen was appointed executor. Probate was granted on 28th January, 2010 and the executor has administered the property and credits of the deceased testator. In fact the asset and properties have been distributed amongst the legatees. It is only in respect of the sums lying in Savings Bank Account and Fixed Deposit with Oriental Bank of Commerce that administration has not been completed. The only reason given by the Oriental Bank of Commerce for non-disbursing the said sum covered by the Saving Bank Account and Term Deposits is that the said sums will be released to the nominee. ...
M/S. Krishna Traders and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-12-2013
ORDER SHEET WP No.348 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.KRISHNA TRADERS & ANR. Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :12. h August, 2013. Appearance: Mr.Ram Anand Agarwala, Advocate Ms.Nibedita Pal, Advocate Mr.P.Dhara, Advocate Mr.A.M.Mukherjee, Advocate for the petitioners The Court: In spite of directions, the Railways have not chosen to file any affidavit in opposition. None appears for them even at the second call. No accommodation is sought by them. The case of the petitioner is very short. They were consignors as well as consignees of some iron ore transported by the South Eastern Railway Administration from Karampada to Visakhapatnam both in Andhrapradesh. I was shown two railway receipts for these transactions, one dated 6th September, 2007 being Annexure P4 at page 67 of the writ petition and the other dated 18th October, 2007 being Annexure P5 at page 68 thereof. Sometime in February, 20...
Smt Premlata Arya and anr. Vs. Ambalal Sarabhai Enterprises Ltd. and o ...
Court: Kolkata
Decided on: Aug-12-2013
1 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: The Hon'ble JUSTICE SOUMEN SEN CS No.323 of 1989 SMT PREMLATA ARYA & ANR. Versus AMBALAL SARABHAI ENTERPRISES LTD. & ORS. For the Plaintiff : Mr. Moloy Ghosh, Mr. Anuj Singh, Ms. Shrayashee Saha, Mr. Partha Banerjee For the Defendants : Mr. Shyama Prosad Sarkar, Sr, Adv., Mr. Swarnendu Ghosh, Mr. Deep Nath Roy Chowdury, Ms. Tannistha Lahiri Heard on :24. 07.2013, 12.08.2013 Judgment on :12. h August, 2013 Soumen Sen, J.:- The plaintiffs are owners of an office space on the first floor at premises No.24, Park Street, Kolkata, measuring 1978 sq.ft. together with the parking space in the courtyard (hereinafter referred to as the suit premises). The plaintiffs have instituted the suit against the defendents fort recovery of possession of the suit premises and for mesne profits from May, 1986 till possession. The plaintiffs purchased the suit premises from its erstwhile owner, Calcutta Credit Corporat...
Sri Sumitava Mitra and ors. Vs. Mrs. Rita Menon and ors.
Court: Kolkata
Decided on: Aug-12-2013
ORDER SHEET APOT 30 OF 201.GA 149.OF 201.CC 8.OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Sr.SUMITAVA MITRA & ORS.Versus MRS.RITA MENo.& ORS.For the approval of: The Honble Justice Arun Mishra, Chief Justice .The Honble Justice Joymalya Bagchi .Whether the Judgment should be sent to the reporters for reporting?.(Yes/not Whether the reporters be allowed to see the Judgment?. (Yes/No.ORDER SHEET APOT 30 OF 201.GA 149.OF 201.CC 8.OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Sr.SUMITAVA MITRA & ORS.Versus MRS.RITA MENo.& ORS.BEFORE: The Hon'ble CHIEF JUSTICE Mr.ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :12. h August, 2013. Mr.J.K.Mitra, Sr.Adv., with Mr.A.K.Pan, Adv., for appellants. Mr.F.M.Razak, Adv., Ld. Addl. Solicitor General, with Mr.A.K.Banerjee, Adv., ..for respondents. The Court (Per Arun Mishra, CJ.) The intra-court appeal has been preferred against the dismissal of the contempt application being ...
Govind Prasad Todi and ors. Vs. Bharat Sanchar Nigam Ltd.
Court: Kolkata
Decided on: Aug-12-2013
ORDER SHEET GA N0.1458 of 2013 CS No.260 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GOVIND PRASAD TODI & ORS.Versus BHARAT SANCHAR NIGAM LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date:12. h August, 2013 Mr.Reetabrato Mitra, Adv.with Mr.Saukarsan Sarkar, Adv.MRS.Koeliya Banerjee, Adv..for the Plaintiff Mr.Deepak Mukherjee, Adv.with Mr.Rajib Mukherjee, Adv.This application has been filed under Section 8 of the 1996 Act for referring the disputes to arbitration in view of the Arbitration Clause contained in the agreement. It has been contended by the Counsel for the petitioner that although a written statement has been filed prior to filing of this application and although Section 8 warrants filing of an application before the fiRs.statement on the substance of the disputes has been submitted, such procedural technicality be ignored and for the lapse on the part of the Advocate of the petitioner, the petitioner ought not to suffer. Counsel for ...
VipIn Bhatia Vs. Axix Overseas Limited
Court: Kolkata
Decided on: Aug-12-2013
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Subhro Kamal Mukherjee And The Honble Justice Asim Kumar Mondal August 12,2013 GA 229.of 2013 APOT 35 of 2013 CS 27.of 2010 Vipin Bhatia versus Axix Overseas Limited Mr.Chayan Gupta, Mr.M.M.Chandra For the appellant Mr.Abhrajit Mitra, Mr.S.Ghosh, Mr.S.K.Kundu For the respondent The Court :- Although the matter is appearing under the heading new application., by consent of Mr.Chayan Gupta, learned advocate appearing for the appellant and Mr.Abhrajit Mitra, learned advocate appearing for the respondent this appeal itself, treating it as on days list, is taken up for hearing. All formalities are dispensed with. On or about November 9, 2010 the respondent instituted a suit, inter alia, for specific performance of an alleged oral agreement dated February 10, 2010 before the Ordinary Original Civil Jurisdiction of this Court. It was contended in the plaint that the defendant had agreed to ...
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