Kolkata Court August 2013 Judgments
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Alok Kumar Kajaria Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-29-2013
ORDER SHEET G.A.No.2432 of 2013 G.A.No.2433 of 2013 APO.T.No.392 of 2013 W.P.No.90 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Alok Kumar Kajaria Versus Union of India & ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ANINDITA ROY SARASWATI Date :29. h August, 2013. Mr.Ramesh Choudhury, Adv.with Mr.T.Saraf, Adv.for the Appellant Mr.Pradip Kr. Roy, Adv.with Ms.Shampa Sarkar, Adv.for the Respondents The Court : Prayer for condonation of delay is allowed and the appeal is taken up for hearing. The order under challenge dated 12th February, 2013 passed in W.P.No.90 of 2013 reads as follows: The Court: It is stated by Mr.Pradip Kumar Roy, learned Counsel appearing for the Authorities that the Petitioner has suppressed the fact that against the same impugned Order, he has already filed an Appeal before the Tribunal being Appeal No.271 of 2010. When this fact was brought to the notice of this Court, Mr.R.K.Chowdhary, learned Couns...
Smt. Saili Ghose and ors. Vs. Debapriyo Sen and ors.
Court: Kolkata
Decided on: Aug-29-2013
ORDER SHEET GA 249.OF 201.CS 114.OF 194.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. SAILI GHOSE & ORS.Versus DEBAPRIYO SEN & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :29. h August, 2013. Mr.R.Banerjee, Adv., for petitioneRs.Mr.S.Mukherjee, Adv., for Merlin Projects LTD.The Court : By this application, the petitioners seek modification of the order dated December 12, 2008. The case of the petitioners is that they are the legal heirs and representatives of Pratul Chandra Dey and Purna Chandra Dey who, under a scheme, were to hold and possess as shebaits the premises no.113B and 242/2D, Acharya Prafulla Chandra Road, Kolkatta as also premises no.115A, Raja Dinendra Street, Kolkata. Initially, a development agreement had been entered into between the petitioneRs.Merlin Projects LTD.and Premium Construction LTD.The said development agreement is no longer viable as it is not possible for the petitioners to get vacant possession of the said premi...
Ratanlal Nahata Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Aug-29-2013
ORDER SHEET W.P.624 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE RATANLAL NAHATA Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date:29. h August, 2013. Appearance: Farhan Ghaffar, Adv. for the petitioner Mr.A.K.Ghosh, Adv.Mr.J.N.Mohanti, Adv.Mr.D.Mondal, Adv.Ms.J.Maiti, Adv. for the K.M.C.Mr.Tapan Sil, Adv. for respondent no.8 Mr.Saptangshu Bose, Sr.Adv. for the respondent Nos.6 & 7 The Court: The petitioner submitted an application praying for mutation of his name as owner of premises No.9A, Short Street, Kolkata. The respondent Nos.6 and 7 have also submitted an application for mutation of their names as owners thereof in respect of the very same premises i.e.premises No.9A, Short Street, Kolkata. Both of them are claiming title over the said property. The litigations are pending before this Honble Court concerning the title of the writ petitioner as well as the private respondent Nos.6 and 7. The...
Gour Chandra Mukherjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-29-2013
WP No.832 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Gour Chandra Mukherjee Versus State of West Bengal & ORS.Before: The Hon'ble Justice Soumitra Pal Date:29. h August 2013 Appearance: Mr.Sumit Ray, Advocate for the petitioner Mr.Sadhan Kumar Halder, Advocate for the State The Court: Affidavit of service filed in Court today be kept on record. Inspite of service of notice none appears on behalf of the West Bengal Cooperative Agriculture And Rural Development Bank Limited and the Managing Director of the said bank, the respondent Nos.2 and 4 respectively. In the writ petition the petitioner, who was dismissed from service with effect from 31st July 2009, being the date of his superannuation, after attaining 60 years of age, has prayed for a direction upon the respondents, particularly on the respondent Nos.2 and 4, to pay the balance dues along with interest at the rate of 12% quarterly compounded as shown in the calculation sheet, being Annexu...
Engineering Trade Centre (India) Private Limited Vs. Quality Steel Wir ...
Court: Kolkata
Decided on: Aug-29-2013
1 ORDER SHEET CC No.79 of 2013 APO No.473 of 2012 CP No.79 of 2001 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ENGINEERING TRADE CENTRE (INDIA) PRIVATE LIMITED Versus QUALITY STEEL WIRE PRODUCTS PRIVATRE LIMITED & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :29. h August, 2013. Appearance: Mr.Kuldip Mallick with Mr.D.Tiwary, Ld. Advocates for the petitioner. Mr.D.N. Sharma with Mr.Sourav Mondal Ld. Advocates for the respondent. The Court :- This contempt application would arise out of a judgment and order dated February 19, 2013 whereby we observed as follows: Mr.Bhattacharjee has drawn our attention to Clauses 1 and 4 appearing at page 54. Clause 1 quoted (supra) would require a No Objection Certificate from the Electricity Board whereas provident fund Clause dues 4 would by the record clearance respondent. of the However, the respondent would assist the appellant in Provident fund and other matters by signing n...
Titan Engineering Co.Pvt.Ltd. Vs. M/S. Super Gases and Appliances Pvt. ...
Court: Kolkata
Decided on: Aug-29-2013
ORDER SHEET CS No.550 of 1998 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TITAN ENGINEERING CO.PVT.LTD.Versus M/S.SUPER GASES & APPLIANCES PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :29. h August, 2013. Appearance: Mr.P.K.Sengupta (In person).The Court : It appears that Mr.Pradip Kumar Sengupta was initially represented by Counsels, namely Mr.Rudraman Bhattacharjee and Mr.Kanakendu Chatterjee as recorded in the order dated 10th May, 2013. Subsequently, on 7th June, 2013 Mr.Sengupta appeared in person and submitted that henceforth he would appear in person since his Advocate-on-Record has returned the brief and is not willing to appear on his behalf. The said fact is recorded in the order dated 7th June, 2013. Surprisingly on 18th June, 2013 Mr.Reetobrata Mitra appeared on behalf of Mr.P.K.Sengupta and he continued to appear on his behalf before this Court till 13th August, 2013 when the examination-in-chief of Mr.Indrajit Sengupta com...
Canadian Commercial Corporation Vs. Coal India Ltd.
Court: Kolkata
Decided on: Aug-29-2013
ORDER SHEET EC No.281 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CANADIAN COMMERCIAL CORPORATION Versus COAL INDIA LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date :29. h August, 2013. Appearance: Mr.Tilak Bose, Sr.Adv.Mr.S.Jain, Adv.Mr.A.De, Adv..for award holder. Mr.Anirban Ray, Adv.Mr.P.K.Das, Adv.Mr.S.Ghosh, Adv..for the respondent. The Court: The decree holder seeks an execution of a foreign award. Admittedly, no application for setting aside was filed before the competent authority of the country in which the award was made. In fact, an application under Section 34 of the 1996 Act, was filed which has been dismissed till the Supreme Court of India. The judgement debtor in opposing the said application has taken recouRs.to Section 48(c) of the 1996 Act and submits that cost was a part of the claim and counter-claim made by the parties and on dismissal thereof costs could not have been awarded. Prima facie the said argument seems very attr...
Smt. Chandrima Chatterjee and ors. Vs. the C.E.S.C. Ltd.and ors.
Court: Kolkata
Decided on: Aug-29-2013
ORDER SHEET SHEET NO.1 WP No.687 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE IN THE MATTER OF:SMT. CHANDRIMA CHATTERJEE & ORS.Versus THE C.E.S.C.LTD.& ORS.BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :29. h August, 2013. Appearance: Mr.Biswanath Mitra, Advocate with Mr.Sumit Sen, Advocate..for the petitioner. Mr.T.M.Siddiquie, Advocate..for the State. Mr.B.B. Sarkar, Advocate, Ms.Iti Dutta, Advocate, Mr.A.Chatterjee, Advocate with Ms.Priti Jain, Advocate..for respondent nos.6,7 & 8. Mr.D.Mukherjee, Advocate..for C.E.S.C.LTD.The Court:- Affidavit-in-reply has been filed on behalf of the writ petitioners and the same be kept with the records. This writ petition is an offshoot of a partition suit instituted by one Bholanath Mukherjee, since deceased against respondent Nos.6 and 7. The respondent No.8 is the son of the respondent nos.6 and 7. The subject of dispute in the partition suit being T.S.No.651 of 1994 (Sr.Bholanath Mukherjee and ORS.ver...
Prakash Kumar Thaker Vs. Jharkhand State Cooperative Mkt. and Procurem ...
Court: Kolkata
Decided on: Aug-29-2013
ORDER SHEET CS No.634 of 2001 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction PRAKASH KUMAR THAKER Versus JHARKHAND STATE COOPERATIVE MKT. & PROCUREMENT FEDERATION BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date:29. h August 2013. Appearance: Mr.Arindam Mukherjee, Advocate ...for the plaintiff. Mr.Sakya Sen, Advocate ...for the defendant. The Court: following Before documents, on the commencement admission, are of marked the as trial, the plaintiffs exhibits:Particulars of Document Exhibit Number Copy of the letter dated plaintiff to the defendant. 10.4.2000 from the Exbt.-A Copy of Fax letter dated defendant to the plaintiff. 13.4.2000 from the Exbt.-B Copy letter dated 13.4.2000 from the plaintiff to Exbt.-C the defendant. Copy letter dated 15.4.2000 from the plaintiff to Exbt.-D the defendant. Letter dated 15.4.2000 from the defendant to the Exbt.-E plaintiff. Copy letter dated 17.4.2000 from the plaintiff to Exbt.-F the defendant along with the courier receipt. Copy ...
Cde Asia Ltd. Vs. Nutan Ispat and Power Pvt. Ltd.
Court: Kolkata
Decided on: Aug-29-2013
ORDER SHEET GA No.2616 of 2012 CS No.223 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CDE ASIA LTD.Versus NUTAN ISPAT & POWER PVT.LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :29. h August, 2013. Appearance: Mr.Jishnu Chowdhury, Advocate Mr.Saumabho Ghosh, Advocate Mr.Suman Dutta, Advocate Mr.G.S.Gupta, Advocate The Court: This is an application filed by the defendant to set aside an ex-parte decree made by this Court on 22nd August, 2012. The decree provided for a principal sum of Rs.7,16,154/-, with simple interest at the rate of 12% per annum from 16th March, 2010 till realisation. The only question which is before the Court entertaining an application to set aside an ex-parte decree under Order IX Rule 13 of the Civil Procedure Code is whether the defendant was prevented by sufficient cause to be represented in Court on the date the decree was passed. There is no dispute that this application was filed within time. According to the pla...
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