Kolkata Court August 2013 Judgments
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Shankar Prasad Vs. Bengal MerlIn Housing Ltd. and anr.
Court: Kolkata
Decided on: Aug-13-2013
A.P.No.841 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHANKAR PRASAD Versus BENGAL MERLIN HOUSING LTD.& ANR. Appearance Mr.Sanjay Mukherjee, Adv.Mr.Debojit Samanta, Adv.Mr.Asish Chakraborty, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :13. h August, 2013. The Court : The respondents contest the request under Section 11 of the Arbitration and Conciliation Act, 1996 on the ground that it is barred by the laws of limitation. The petitioner was apparently successful in a lottery relating to allotment of flats conducted in the year 2008. Such lottery was in respect of an MIG flat. The respondents sought to cancel the allotment or annul the result of the relevant lottery on the ground that only one member of a family could obtain an MIG unit. The cancellation of the lottery relating to the flat was made on November 20, 2008. The petitioner raised a dispute covered by the arbitration agreement between the parties and applied on March 24, ...
Space Matrix Pvt. Ltd. Vs. Idbi Bank Ltd. and ors.
Court: Kolkata
Decided on: Aug-13-2013
ORDER SHEET GA No.1941 of 2013 WP No.476 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SPACE MATRIX PVT.LTD.Versus IDBI BANK LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :13. h August, 2013. Appearance: Mr.Utpal Bose, Advocate for the petitioner Mr.V.Raja Rao, Advocate for the respondent No.1 Mr.S.Pal Chowdhury, Advocate for respondent No.4 The Court: I have taken note of the minutes of the 220th CDR Empowered Group Meeting held on 21st January, 2013 as well as the contents of the interim order passed by Sanjib Banerjee, J., on 13th June, 2013 in this writ. It was submitted by Mr.V.Raja Rao, learned Counsel appearing for the fiRs.respondent IDBI Bank Ltd., that his client was no longer desirous to function as the lead banker. This had been intimated by them to the other member banks. I think, in the circumstances, the following order would subserve the ends of justice :a) The respondent banks should within six weeks of communication of th...
The Calcutta Shipping and Marine Engineering Co. (P) Ltd. Vs. Atindra ...
Court: Kolkata
Decided on: Aug-13-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen C.S.49 of 2009 The Calcutta Shipping & Marine Engineering Co.(P) LTD.versus Atindra Nath Bhattacharjee Alias A.N.Bhattacharjee & Anr. For the plaintiff : Mr.Dhruba Ghosh Ms.Ahana Sikdar Heard on :04. 03.2013, 16.07.2013, 05.08.2013, 12.08.2013 Judgment on :13. h August, 2013 Soumen Sen, J.:- The suit has been instituted for a recovery of sum of Rs.29,40,263/- against the defendants jointly and severally. The claim in the suit is arising out of misappropriation of a sum of Rs.21,64,950/- (Rs.19,29,950/- by way of Cheques and Rs.2,35,000/by way of Cash) by the defendants jointly and severally. The plaintiff a civil, mechanical and electrical engineering firm and specialized in Shipping and Marine Engineering, in couRs.of its business in the year 2004 was awarded a sub-contract by M/S.SIMPLEX Concrete Piles (India) LTD.Kolkata (hereinafter referred to as SIMPLEX.).The princip...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Aug-12-2013
ORDER SHEET CP 52.OF 201.IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN HE MATTER OF : ANJANI FLOUR MILLS PVT.LTD.& ANR. AND THE REGISTRAR OF COMPANIES, WEST BENGAL. 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.1,10,000/- on account of filing fees, additional filing fees and penalty would be the 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.1,10,000/- to the Registrar of Companies within a fortnight from date, the Registrar will restore the name of the company to the list of a...
Vs. Shree Ratan Paul Singhre
Court: Kolkata
Decided on: Aug-12-2013
ORDER SHEET G.A.No.2038 of 2013 I.T.A.T.No.128 of 2013 In The High Court at Calcutta Special Jurisdiction [Income Tax].ORIGINAL SIDE Commissioner Of Income Tax, Kolkata, XVI Versus Shree Ratan Paul Singh Appellant Respondent BEFORE: The Hon'ble Justice Indira Banerjee -AndThe Hon'ble Justice Anindita Roy Saraswati Date :12. h August, 2013. For Appellant : Mr.S.B.Saraf, Adv.For Respondent : Mr.Soumitra Mukherjee & Mr.Avra Majumdar, Adversus This appeal is directed against an order dated 15th February, 2013 passed by the Income Tax Appellate Tribunal B Bench, Kolkata, allowing the appeal of the assessee for statistical purposes setting aside the order of assessment and directing the Assessing Officer to examine the peak credit statement prepared by the assessee and take a decision in respect of the addition of Rs.31,25,485/- and Rs.6,64,974/- made by the Assessing Officer. The questions of law suggested are as follows : i) Whether the Tribunal erred in law by reversing the order passed b...
M/S.Eastern Coalfield Ltd. Vs. Pradhan Munda and anr.
Court: Kolkata
Decided on: Aug-12-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO 4.OF 201.GA 25.of 2011 WITH WP 67.of 2005 M/S.EASTERN COALFIELD LTD.Versus PRADHAN MUNDA & ANR. BEFORE: The Hon'ble CHIEF JUSTICE ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :12. h August, 2013. Mr.Vijay Kumar, Advocate .for appellant Mr.U.S.Agarwal, Advocate for respondent The Court :-Heard. The intra Court appeal has been preferred by the Eastern Coal Field Limited aggrieved by a direction issued by Single Bench to reconsider the prayer for compassionate appointment which according to the appellant was stale matter and no interference could have been made. The undisputed facts are that father of the respondent/petitioner died on 9.10.1992. Petitioner was at the relevant time aged twelve yeaRs.He applied on 8.12.1996 for compassionate appointment. His prayer had been rejected vide order dated 13.11.1998. The petitioner waited for seven years to approach this Court for filing writ applicat...
Pramod Kumar Daga Vs. Pradip Kumar Daga
Court: Kolkata
Decided on: Aug-12-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA No.2063 of 2013 APOT No.304 of 2013 PLA No.177 of 1996 IN THE GOODS OF : SURAJ NARAIN DAGA[DEC].And PRAMOD KUMAR DAGA Versus PRADIP KUMAR DAGA For Appellant : Mr.Jishnu Chowdhury, Mr.S.S. Das. For Respondent No.1. : Mr.Dipankar Dhar. For Respondent Nos.2 to 5 : Mr.Rudra Dhar. For Respondent Nos.7 to 11: Mr.Pallab Mondal. BEFORE: The Hon'ble JUSTICE SUBHRO KAMAL MUKHERJEE The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :12. h August, 2013. The Court : Although the matter is appearing under the heading new applications., by consent of the learned advocates for the parties, the appeal itself is taken up for hearing treating the same as on days list. All formalities are dispensed with. This is an appeal against judgement and order dated December 21, 2012 passed by the Honble Single Judge in PLA No.177 of 1996. By the order impugned, the Honble Single Judge removed the named executor and issued a direction on...
Murarimohan Banerjee Vs. Official Liquidator
Court: Kolkata
Decided on: Aug-12-2013
ORDER SHEET ACO NO.141 OF 201.ACO NO.142 OF 201.APOT NO.341 OF 201.CP NO.91 OF 197.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MURARIMOHAN BANERJEE Versus OFFICIAL LIQUIDATOR BEFORE : The Hon'ble Justice ASHIM KUMAR BANERJEE The Honble Justice DR.MRINAL KANTI CHAUDHURI Date :12. 08.2013 Mr.D.Basak, Advocate Mr.Sourav Sengupta, Advocate for the appellant. Mr.Dhruba Ghosh, Advocate Mr.Debashis Ghosh, Advocate for Amit Kumar Dutta. Mr.O.P.Jhunjhunwala, Advocate Mr.Sachin Shukla, Advocate for Atanu Dutta. Mrs.Smita Das De, Advocate for the Official Liquidator. The Court : This Court is happy, at least at the end, the Official Liquidator has been able to sell three properties. However, the subject matter of the present appeal would relate to 14B, Amritlal Bose Street, Kolkata which is yet to be sold. The parties initially contended, they were confused in view of two conflicting orders passed by the Division Bench being dated June 25, 2012 and February 20, 2013. ...
Taja Agrico Industries Ltd. Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-12-2013
AP No.853 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TAJ.AGRICO INDUSTRIES LTD.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :12. h August, 2013. Appearance: Mr.R.K. Chowdhary, Adv.Mr.T.Saraf, Adv.Mr.L.K. Chatterjee, Sr.Adv.Ms.Aparna Banerjee, Adv.The Court : The petitioner complains of the failure on the part of the railway authorities to extend the time for the petitioner to take delivery of the goods purchased by the petitioner at an auction. The petitioner refers to the letter dated September 8, 2010 issued by the railways extending the time till September 18, 2010 to take delivery of the goods without paying any ground rent. If ground rent was paid, the time for receiving the goods was extended upto October 3, 2010 upon payment of full ground rent from September 19, 2010. The petitioner refers to a hand-written letter issued by an unidentifiable railway official on September 10, 2010, apparently informing...
Vs. M/S. R.R. Sen and Brothers Pvt. Ltd.
Court: Kolkata
Decided on: Aug-12-2013
ORDER SHEET G.A.No.2427 of 2009 I.T.A.No.239 of 2009 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA - IV Versus M/S.R.R.SEN & BROTHERS PVT.LTD.Appellant Respondent BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE -AndThe Hon'ble JUSTICE ANINDITA ROY SARASWATI Date :12. h August, 2013. For Appellant : Mr.D.K.Shome, Sr.Adv.with Ms.Anwari Quraishi, Adv.For Respondent : Mr.Maloy Dhar with Mr.Ajoy Kr. Dey & Mr.Avra Majumdar, Adversus On going through the application, we find that there is a delay of 163 days. The delay has been explained in a rather casual way. It appears that at every step, there has been negligence on the part of the department and/or its officials. However, having regard to the importance of the issues involved in the appeal and having regard to the interest of Revenue, we are inclined to take a liberal view. There can be no dispute that those responsible for the delay had no personal interest in the litigatio...
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