Kolkata Court August 2013 Judgments
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Subir Kanta Dey and anr. Vs. Usha Mutual Benefit Society Ltd. and ors.
Court: Kolkata
Decided on: Aug-05-2013
ORDER SHEET GA No.1337 of 2013 CS No.131 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUBIR KANTA DEY & ANR. Versus USHA MUTUAL BENEFIT SOCIETY LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :5. h August, 2013. Appearance: Mr.S.B.Mookherjee, Sr.Advocate Mr.S.N.Mookherjee, Sr.Advocate Mr.R.Banerjee, Advocate Mr.A.Singh, Advocate Mr.S.E.Huda, Advocate Mr.S.Sengupta, Advocate for the petitioners Mr.H.K.Mitter, Sr.Advocate Mr.D.Basak, Advocate Mr.R.Ghosal, Advocate for the respondents Mr.P.K.Dutta, Sr.Advocate Mr.R.Dutta, Advocate for the plaintiff The Court: Usha Mutual Benefit Society LTD.is the fiRs.defendant. This application is taken out by one Pratap Kumar Biswal, claiming himself to be one of the directors of this company. According to this application, the decree dated 10th April, 2013 at page 26 of the application was obtained by practicing fraud upon the Court and should be set aside. The decree is described as a consent decree b...
Vishnu Mansions Private Limited and anr. Vs. the Hong Kong and Shangha ...
Court: Kolkata
Decided on: Aug-05-2013
WP No.152 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE VISHNU MANSIONS PRIVATE LIMITED & ANR. Versus THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :5. h August, 2013. Appearance: Mr.Abhrajit Mitra, Adv.Mr.J.Chowdhury, Adv.Mr.Sabyasachi Chowdhury, Adv.Mr.R.Dutta, Adv.Mr.S.Roy, Adv.The Court : A fair stand has been taken by the respondent bank which puts an end to the petition without the principal issue being addressed. The grievance of the petitioners is that despite the petitioner not having executed any documents relating to the petitioners properties in favour of the bank, the bank has sought to proceed under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, against the petitioners properties. This is not an isolated case and there are several matters where similarly placed persons as the petitioners have complained against bank...
Malvika Foundation and ors. Vs. Eiilm Foundation and ors.
Court: Kolkata
Decided on: Aug-05-2013
ORDER SHEET G.A.No.2176 of 2013 With C.S.No.251 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY CIVIL JURISDICTION ORIGINAL SIDE MALVIKA FOUNDATION & ORS.Versus EIILM FOUNDATION & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date:5. h August, 2013. Appearance: Mr.S.N.Mitra, Sr.Adv.Mr.Mainak Bose, Adv.Mr.Deepak Jain, Adv.Mr.A.Mukherjee, Adv. for the Plaintiffs/Petitioners Mr.Hirak Mitra, Sr.Adv.Mr.Debajyoti Dutta, Adv.Ms.Vijaya Bhatia, Adv. for the Defendants No.1,2,4&5. Mr.Pratap Chatterjee, Sr.Adv.Mr.Samrat Sen, Adv.Mr.R.L.Mitra, Adv.Ms.Priyanka Dhar, Adv. for the Respondent no.6 The Court: By order dated 26th July, 2013, an order was passed in terms of prayers (c) and (d) of the Notice of Motion. On the returnable date, i.e.2nd August, 2013, the interim order was modified in terms of prayer (d) and the order of injunction was restricted to the defendant no.1 in respect of its bank account. Such order is continuing. This day the parties have submitted at length. The most important issue th...
M/S. Universal Paper Mills Ltd. Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-05-2013
WP No.757 of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side IN THE MATTER OF: M/S.UNIVERSAL PAPER MILLS LTD.VERSUS UNION OF INDIA & ORS.BEFORE: The Honble JUSTICE HARISH TANDON Appearance: Mr.J.P.Khaitan, Advocate Mr.Subhransu Ganguly, Advocate Mr.A.Sengupta, Advocate Mr.P.K.Mitra, Advocate for the petitioner. Mr.N.C.Roychowdhury, Advocate Mr.K.K.Maiti, Advocate for the respondent. Judgement on:5. h August, 2013. HARISH TANDON, J.This writ petition is taken out against an order dated 9.6.2009 passed by the CustoMs.Excise & Service Tax Appellate Tribunal (CESTAT) by which an application for waiver of pre deposit of the duty demanded is disposed of. A search was made at the factory premises of the petitioner company on apprehension of evasion of the excise duty and seizure was made of the various documents therefor. Subsequently, a show cause notice was issued by the authority which could not be replied as the petitioner sought for certain documents for...
Ashim Kumar Dhar and ors. Vs. Smt. Indrani Roy and ors.
Court: Kolkata
Decided on: Aug-05-2013
ORDER SHEET GA NO.2068 OF 201.CS NO.413 OF 198.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ASHIM KUMAR DHAR & ORS.Versus SMT. INDRANI ROY & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :5. h August, 2013. APPEARANCE: Mr.Partha Sarathi Bose, Sr.Advocate, Mr.Tapan Coomar Dey, Advocate, Mr.Anirban Roy, Mr.Debsoumya Basak, Advocates for plaintiffs Mr.Tapas Banerjee, Mr.Biswajit Konar, Advocates For defendant no.1(a) and 1(b) Mr.Soumabho Ghose,Advocate for defendant Nos.5 to 6 Mrs.Lapita Bajernee, Mr.Dipendra Nath Chunder, Mr.Sarathi Das Gupta, Advocates for defendant nos.7,8 and 9 Mr.Arunabha Sen Gupta,advocate for defendant nos.10 to 15 Mr.Sourav Chaudhuri, for intending purchaser The Court : This application has been filed by the plaintiffs for sale of premises no.5, Shiv Narayan Das Lane. This prayer is opposed by the defendant nos.1(a) and 1(b) so also by the defendant nos.3 to 6. While the rest of the defendants are ready and willing to sell the s...
Bharatiya Janata Party and Anrappellants Vs. the State of West Bengal ...
Court: Kolkata
Decided on: Aug-05-2013
G.A.1504 of 2013 APOT 24 of 2013 W.P.316 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side BHARATIYA JANATA PARTY AND ANR Versus THE STATE OF WEST BENGAL & ANR. Appellants Respondents BEFORE: The Hon'ble CHIEF JUSTICE Mr.ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :5. h August, 2013. For the Appellant : Mr.Koushik Chanda, Advocate For State Election Commission : Mr.L.C.Behani, Sr.Advocate For Respondent-State : Mr.Ashok Banerjee, learned G.P.with Mr.Paritosh Sinha, Advocate THE COURT : The intra court appeal has been preferred as against the order dated 14th May, 2013 passed by the single Judge in W.P.316 of 2013 whereby and whereunder the single Judge has held that no further direction would be required since the issues involved in the writ petition have already been agitated upon and decided in W.P.No.315 of 2013. The issues involved in the writ petition was dealt with by us in G.A.No.1520 of 2013 being the application filed in APO 16.of 2013 w...
Asansol Durgapur Development Authority Vs. the Official Liquidator, Hi ...
Court: Kolkata
Decided on: Aug-05-2013
ORDER SHEET CA 3.OF 201.BIFR 51 OF 199.IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ASANSOL DURGAPUR DEVELOPMENT AUTHORITY Versus THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :5. h August, 2013. Appearance : Mr.S.P. Sarkar, Sr.Advocate Mr.Ranjan Basu Chowdhury, Advocate Sayantan Bose, Advocate for A.D.D.A.in CA 3.of 2013 The Court : This application is taken out by the Asansol Durgapur Development Authority for the following orders:a) The Official Liquidator be directed to take necessary action to get the security deposit certificate either liquidated or to have name transferred therein along with a list to the applicant; b) The Official Liquidator be directed to expedite the process in getting the fixed deposit receipt renewed and to have name of the applicant endorsed therein as also to get NSC/ KVP certificate liquidated and to have the proceeds thereof transferred along with the list to the office of the applicant ; c) Ad-inte...
M/S. Onkar Parivahan Finance Pvt. Ltd. and anr. Vs. the State of West ...
Court: Kolkata
Decided on: Aug-05-2013
WP No.1136 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction M/S.ONKAR PARIVAHAN FINANCE PVT.LTD.& ANR. Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :5. h August, 2013. Appearance: Mr.Suman Dutta, Adv.Mr.Billwadal Bhattacharya, Adv.Mr.Sanjoy Bose, Adv.Mr.Aniruddha Sinha, Adv.The Court : Pursuant to the direction issued on July 11, 2013, the Director (Fire Prevention) of the West Bengal Fire and Emergency Services has filed a report indicating that there is no water base hydrant system or fire alarm system or water sprinkler installed at the G + 12 storied building in the heart of Burrabazar at premises no.159, Rabindra Sarani, Kolkata ...
Puran Chand JaIn and anr. Vs. Raj Kumar Mittal
Court: Kolkata
Decided on: Aug-05-2013
ORDER SHEET GA No.2305 of 2013 CS No.266 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction PURAN CHAND JAIN & ANR. Versus RAJ KUMAR MITTAL BEFORE: The Hon'ble JUSTICE PATHERYA Date :5. h August, 2013. Mr.Rudraman Bhattacharyya, Mr.A.P. Agarwalla for the petitioneRs.The Court : In a suit for a declaration that the plaintiffs are entitled to use the mark ARCON. and that the same does not constitute infringement of the defendants mark ARCON. this application has been filed for interim reliefs. The case of the petitioners is that while the respondent is registered in the trade mark ARCON. in Class VII, the petitioners have applied for registration in Class IX. Therefore, the product in which the petitioners and the respondent deal is distinct and separate. In fact, ARCON. has been used by various other persons in the said field and the respondent cannot claim exclusive user thereof. By letter dated 8th July, 2013 the respondent has threatened to initiate proceeding...
U.B. Engineering Ltd. Vs. Bharart Heavy Electricals Ltd.
Court: Kolkata
Decided on: Aug-05-2013
ORDER SHEET CS No.144 of 2003 GA No.2643 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE U.B.ENGINEERING LTD.Versus BHARART HEAVY ELECTRICALS LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :5. h August, 2013. Appearance: Mr.Anirban Kar, Adv.Mr.Joydeep Roy, Adv.Mr.Sudip Kumar, Adv.For the plaintiff. The Court :- A suit was instituted by the plaintiff on 14th January, 2003 claiming inter alia a decree for a sum of Rs.31,42,76,787/- on the basis of the work executed by the plaintiff at the thermal project at Bankura. It appears that on earlier occasion, the matter was referred to arbitration. In the arbitration, it was recorded that the parties would decide the modus operandi to bring about a settlement within the provisions of the contract and extra contractual commercial settlement, subject to the approval of the competent authority. The court, on perusing the record, finds that the parties had agreed that there are 2 issues which are required t...
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