Kolkata Court August 2013 Judgments
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In the Matter of Xitiz Exim Pvt. Ltd.[In Liqn] Vs. Official Liquidator ...
Court: Kolkata
Decided on: Aug-05-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CA 23.OF 201.CP 14.OF 199.IN THE MATTER OF XITIZ EXIM PVT.LTD.[IN LIQN].Versus OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA AND CA 23.OF 201.CP 25.OF 199.SYNTHETIC WIRE INDUSTRIES P. LTD.(IN LIQN) Versus OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA AND CA 24.OF 201.CP 25.OF 200.HISCO STEEL PVT.LTD.(IN LIQN) Versus OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA AND CA 24.OF 201.CP 27.OF 200.ILS CARGO PVT.LTD.(IN LIQN) Versus OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA AND CA 24.OF 201.CP 20.OF 200.M/S.INDIAN PACKAGING Co.PVT.LTD.(IN LIQN.) Versus OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA AND CA 24.OF 201.CP 17.OF 200.SHYAMESH ELECTRONICS PVT.LTD.(IN LIQN.) Versus OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA AND CA 24.OF 201.CP 28.OF 200.AMRIT TRADERS & EXPORTERS (P) LTD.(IN LIQN) Versus OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA AND CA 24.OF 201.CP 20.OF 198.TECHNO-PLAST PVT.LTD.(IN LIQN) Versus OFFICIAL LIQUIDATOR, HIGH COURT...
Arvind Chemicals Ltd. Vs. Manali Petrochemicals Ltd.
Court: Kolkata
Decided on: Aug-05-2013
CA No.351 of 2013 CP No.66 of 2010 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE ARVIND CHEMICALS LTD.-VersusMANALI PETROCHEMICALS LTD.Appearance: Mr.Kuldeep Mullick, Adv...for the petitioning-creditor. Mr.M.S.Tiwari, Adv...for the company. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :5. h August, 2013. The Court : The petitioning creditor has taken out this application for an extension of time so far as the returnable date of publication of advertisement is concerned as in spite of direction the company has not paid the instalments. Mr.Tiwari, learned Advocate appearing for the company submits that because of the order of attachment by the Sales Tax authorities, the amount could not be paid. photocopy of the order of attachment passed On perusal of the by the Sales Tax authorities, produced today, it appears that the same was passed before 17th December, 2012, i.e.the date on which the order lastly passed by this Court permitting the petitioner to pay the entire...
Dulal Karmakar Vs. Coal India Ltd. and anr.
Court: Kolkata
Decided on: Aug-05-2013
ORDER SHEET WP No.299 of 2009 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DULAL KARMAKAR Versus COAL INDIA LTD.& ANR. BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :5. h August, 2013. Appearance : Mr.Partha Ghosh, Advocate. Mr.S.Chatterjee, Advocate. for the petitioner. Mr.Aloke Kumar Banerjee, Advocate. Ms.Sanchita Barman Ray, Advocate. for the respdt. The actions Court of : the The writ petitioner respondents-authorities is aggrieved for compensation amount as assessed by them. against non-payment of the the The writ petitioner earlier moved a writ petition and this Honble Court directed the respondents to pay compensation. a meeting was held between the However, on 23rd December, 2008, officials authorities as well as the petitioner. of the respondents- The petitioner agreed to accept the value of homestead structure of Rs.3,41,239.59 and shifting allowance of Rs.8,500/-. He also agreed to have two numbers of plots (Block-A).each of 100...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-05-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction GA No.2216 of 2013 PLA No.255 of 2010 IN THE GOODS OF: SMT. SWAPNA CHAKRABORTY ALIAS S. CHAKRABORTY, DECEASED GA No.1863 of 2013 PLA No.255 of 2010 IN THE GOODS OF: SMT. SWAPNA CHAKRABORTY ALIAS S. CHAKRABORTY, DECEASED. AND IN THE MATTER OF: SWAPAN BANERJEE . . . Petitioner BEFORE: The Hon'ble JUSTICE PATHERYA Date :5. h August, 2013. Mr.Dhruba Ghosh, Mr.A.Mitra, Mr.Tapan Kr. Sen, Mr.S.N. Dutta for the petitioneRs.Mr.Pradip Kr. Dutta,Sr.Advocate, Mr.Siraj Goopta for respondents. Mr.Tapas Baneerjee, Mr.A.N. Naskar, Advocates appear. Mr.Surajit Chakraborty for Swapan Banerjee. The Court : A letter has been produced by the applicants in G.A.2216 of 2013 wherefrom it appears that one Swapan Banerjee who supposedly was an erstwhile partner and employee of M/s.J.Engineering has stated that he has no claim against either the estate of Swapna Chakraborty or the firm J. Engineering. The said letter was handed over ...
Smt. Krishna Bose and ors. Vs. the State of West Bngal and ors.
Court: Kolkata
Decided on: Aug-05-2013
ORDER SHEET WP No.702 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. KRISHNA BOSE & ORS.Versus THE STATE OF WEST BNGAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :5. h August, 2013. Appearance: Mr.Aniruddha Chatterjee, Adv.Mr.Rahul Karmakar, Adv..for the petitioner. Mr.Sadananda Ganguli, Adv..for the State respondent. The Court: In spite of service none appears on behalf of the respondents. The premises No.21A, Karbala Tank Lane, Kolkata 700006 belongs to the petitioner. The said property was requisitioned by the State under the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 and was de-requisitioned on 22nd March, 1992. Since the physical possession of the said property was not delivered to the petitioneRs.a writ application was filed, being WP No.4008(W) of 2010, in which an order was passed on 10th February, 2011 directing the Collector, Government of West Bengal, the respondent no.2 to hand over vacant...
L and T Finance Ltd. Vs. M/S. B.R. Singh and Company and anr.
Court: Kolkata
Decided on: Aug-01-2013
AP AP AP AP AP not No.not No.No.58585. 590 594 of of of of o2013. 2012013. IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side L & T FINANCE LTD.Versus M/S.B.R.SINGH & COMPANY & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :1. t August, 2013. Appearance: Mr.Paritosh Sinha, Adv.Mr.Arif Ali, Adv.The Court : It appears to be the fairly admitted position that a sum in excess of Rs.70 lakh remains due and owing from the respondents to the finance company in respect of the agreements covered by these five matters between the same parties. By an order of July 25, 2013, the matters were adjourned for a week to enable the respondents to deposit a sum of Rs.20 lakh by today and make payment of a further sum of Rs.15 lakh within a week from today for the respondents to be entitled to have use of the assets. The respondents say that a payment of Rs.35 lakh may be possible by the end of September, 2013. The respondents make no provision for the August and Septe...
S. B. Overseas Limited Vs. National Insurance Company Limited and ors.
Court: Kolkata
Decided on: Aug-01-2013
WP No.633 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE S.B.OVERSEAS LIMITED Versus NATIONAL INSURANCE COMPANY LIMITED & ORS.Appearance Mr.Jaydip Kar, Adv.Mr.Sanjib Kr. Mal, Adv.Mr.Abhijit Gangopadhyay, Adv.Ms.Supriya Dubey, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :1. t August, 2013. The Court : The petitioners grievance is that an insurance claim has been rejected without being repudiated on the ground of perceived failure on the petitioners part to submit documents that had been sought by the company without affording the petitioner adequate time to submit the same. The petitioner claims that there was a fire at the petitioners manufacturing facility pursuant to which a claim was made with the respondent insurance company and the insurance company sought certain documents which the petitioner could not deposit within the deadline set therefor. The insurance company, by its letter of December 12, 2008, informed the petitioner that th...
Landt Finance Limited Vs. Aditya Chharia and anr
Court: Kolkata
Decided on: Aug-01-2013
1 ORDER SHEET GA No.2257 of 2013 APOT No.353 of 2013 AP No.418 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE L&T FINANCE LIMITED Versus ADITYA CHHARIA & ANR BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :1. t August, 2013. Appearance: Mr.Sakya Sen with Mr.S.Mukherjee And Ms.S.Saha, ld. Advocate For the appellant. Mr.Bidyut Dutta with Mr.Somnath Saha, Ld. Advocates for the respondent. The Court :- Out of 35 instalments 4 instalments are still due amounting to Rs.4.9 lacs. The respondent undertakes to clear off the said four instalments in four months commencing from August 16, 2013 and on the 16th day of each succeeding month. The defaulted instalments would also carry interest at the rate of 12% p.a.from the respective due dates of default to be calculated until payment on the reducing balance. However, interest component may be paid as and by way of fifth instalment. Mr.Sen would contend, the learned Judge ignor...
Soumendu Saha Vs. Union of India and ors
Court: Kolkata
Decided on: Aug-01-2013
ORDER SHEET GA No.1980 of 2013 APO.T.No.302 of 2013 W.P.No.18 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SOUMENDU SAHA Versus UNION OF INDIA & ORS BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date :1. t August, 2013. Mr.Ramesh Choudhury, Adv.for the Appellant Mr.S.B.Saraf, Adv.for the Respondent The Court : The subject matter of challenge in the writ petition was an order dated 6th November, 2012 passed by the Additional Commissioner of Customs (Port) by which besides confiscating the goods, order was passed directing payment of penalty which in so far as the same is directed against the writ petitioner, reads as follows: I impose a penalty of Rs.20,00,000/- (Rupees twenty lakh only) on Shri Soumendu Saha, Asstt. Sales Manager of M/S.AFL Dachser PVT.Ltd., and Rs.20,00,000/- (Rupees twenty lakh only) on M/S.AFL Dachser PVT.LTD.under Section 114(i) of the Customs act, 1962 for their omission and commission in t...
Brishti Vinimay Pvt.Ltd. Vs. Commissioner of Central Excise and ors.
Court: Kolkata
Decided on: Aug-01-2013
1 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Ashoke Kumar Dasadhikari 02.08.2013 WP 152.of 2008 Brishti Vinimay Pvt.LTD.versus Commissioner of Central Excise & ORS.Mr.J.P.Khaitan, Senior Advocate with Ms.A.Banerjee, Advocate Mr.D.Jain, Advocate . For the petitioner Mr.R.Bharadwaj, Advocate with Mr.K.K.Maity, Advocate For the respondents The Court :- The subject matter of challenge in this writ petition is the impugned show cause notices dated September 5, 1994, January 30, 1995, April 3, 1995, June 26,1995, September 18,1995, April 3,1997 and March 28, 1996 and the order impugned passed by the Joint Commissioner, Central Excise, Haldia on 30th November, 2005 and also the impugned order of Appellate Authority dated 25th May, 2008. Mr.Khaitan, learned senior counsel appearing for the writ petitioner submits that the present petitioner is managing the mill pursuant to an agreement dated 31st August, 2005. He submits that M/S.P...
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