Kolkata Court September 2013 Judgments
Kishore K. Agarwal @ Kishore Kumar Agarwal Vs. Eap Industries Limited
Court: Kolkata
Decided on: Sep-30-2013
ORDER SHEET GA No.250 of 2007 CS No.1 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KISHORE K. AGARWAL @ KISHORE KUMAR AGARWAL Versus EAP INDUSTRIES LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 30th September, 2013. Appearance: Mr.Raja Basu Chowdhury, Adv.The Court :- The Official Liquidator appeared and submitted a report wherefrom it appears that the said company is in existence and no winding up proceeding is against the said company. The said status report is kept with the record. The Registrar, Original Side, High Court, is directed to serve notice upon the defendant at 145 Jessore Road, Calcutta, West Bengal, India, informing that the suit shall appear in the list under the heading For Hearing. on 12th November, 2013 and in the event the said defendant is not represented on the returnable date the suit shall be heard in its absence. The Advocate-on-Record for the plaintiff is directed to deposit costs of the special messenger wi...
Tag this Judgment!Rama Ballav Roy Vs. Smt. Kamala Chatterjee and ors.
Court: Kolkata
Decided on: Sep-30-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE : The Honble JUSTICE SOUMEN SEN C.S.No.380 of 2012 RAMA BALLAV ROY Versus SMT. KAMALA CHATTERJEE & ORS.For the Plaintiff : Mr.Soumava Ghosh Mr.Debasis Das Heard on : 04.06.2013, 17.07.2013, 29.07.2013 and 17.09.2013 Judgment on : 30.09.2013 Soumen Sen, J. : - The plaintiff has instituted the suit for recovery of possession and mesne profits from October, 2012 to November, 2012. In spite of service of writ of summons upon the defendants none of the defendants have entered appearance in the suit. Although in view of Order VIII Rule 5 of the Code of Civil Procedure the plaintiff is otherwise entitled to decree since the defendants although had the opportunity to appear and contest the proceeding but did not enter appearance however the plaintiff himself and two witnesses on behalf of the plaintiff gave evidence in support of the claim in the suit. The plaintiff and his mother were the owners of premise...
Tag this Judgment!Md. Faiyazul Haque and ors. Vs. Durga Prasad Shaw Alias Durga Prasad J ...
Court: Kolkata
Decided on: Sep-30-2013
ORDER GA No.2907 of 2013 CS No.205 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Md.FAIYAZUL HAQUE & ORS.Versus DURGA PRASAD SHAW ALIAS DURGA PRASAD JAISWAL BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 30th September 2013. Appearance: Mr.Jisnu Saha, Advocate Mr.Mainak Bose, Advocate ...for the defendant/petitioner. Mr.Sudip Ghosh, Advocate ...for the plaintiffs. The Court: Upon furnishing a cash security or a demand draft for a sum of Rs.20 lakh on or before 7th October 2013 by the defendant/petitioner, the draft deed of conveyance shall not be executed by the Registrar, Original Side, High Court at Calcutta. There shall be an unconditional stay of execution of the deed of conveyance till 7th October 2013 and in the event such security is furnished, the stay shall continue till 20th December 2013. In default of furnishing the security by the petitioner/defendant, the Registrar, Original Side shall proceed to execute the deed of conveyance in terms of the de...
Tag this Judgment!Mahesh Tulshan Vs. Rajendra Kumar Banka and ors
Court: Kolkata
Decided on: Sep-30-2013
1 ORDER SHEET GA No.3008 of 2013 APOT No.469 of 2013 ACR No.1 of 2002. IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MAHESH TULSHAN Versus RAJENDRA KUMAR BANKA AND ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date : 30th September, 2013. Appearance: Mr.Sarnendu Ghosh, ld. Advocate For the applicant. Mr.Reetobtoto Mitra with Mr.S.Sen Ld. Advocates for the respondent. The respondent approached Charitable and the Religious Court :- learned Single Trusts Act, The appellant- Judge under 1920, the inter-alia, praying for a declaration that he was the principal trustee. The learned Judge dismissed the application by holding, no case was made out that the petitioner was a person interested in the Estate. Being aggrieved, the appellant herein preferred the instant appeal. We disposed of the appeal by our judgment and order dated September 19, 2012. We held, the issue is still alive to be decided at the final hearing of the suit a...
Tag this Judgment!Debabrata Goswami Vs. Kolkata Municipal Corporation and ors
Court: Kolkata
Decided on: Sep-30-2013
ORDER SHEET WP No.973 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DEBABRATA GOSWAMI Versus KOLKATA MUNICIPAL CORPORATION AND ORS BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date : 30th September, 2013. Appearance : Mr.Alok Kumar Ghosh, Advocate. Mr.Nilanjan Chatterjee, Advocate. for the petitioner. Mr.Barin Banerjee, Advocate. Ms.Sima Chakraborty, Advocate. for the KMC Mr.Arindam Banerjee, Advocate. for the private respondent. The Court : The interim order which was passed by the Municipal Building Tribunal, Kolkata Municipal Corporation, on 8th March, 2013 and 25th March, 2013 in Appeal No.15 of 2013 could not be extended due to the absence of the Presiding Officer of the Municipal Building Tribunal. In such view of the fact and also having regard to the fact that interim orders passed on 8th March, 2013 and 25th March, 2013 were extended earlier on repeated occasions, this Court disposes of this writ petition by extending the said in...
Tag this Judgment!Ajay Singh Vs. M/S. Nik Nish Retail Ltd.
Court: Kolkata
Decided on: Sep-30-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE : The Honble JUSTICE SOUMEN SEN C.S.No.397 of 2012 AJAY SINGH Versus M/S.NIK NISH RETAIL LTD.For the Plaintiff : Heard on : Judgment on : Soumen Sen, J. Mr.Debanjan Banerjee 09.09.2013 and 17.09.2013 30.09.2013 : - This is the suit is for recovery of amount on account of arrears salary and other service benefits. The plaintiff claimed that the plaintiff was appointed initially an employee of the defendant on its Topsia Warehouse. In 2007 he was drawing a gross salary of Rs.15,000/- in addition to the following benefits : A. Reimbursement of taxi fare to and fro from residence to warehouse (Approx 5,800/- to 6,200/- P.M.) B. Incentive per month Rs.4000/- to Rs.5000/-.C.Leave Pay Salary for last drawn salary (one month each year).D.Bonus one month salary for the last drawn salary for each year. Since 2006 the payment of monthly salary and other benefits payable by the defendants to the plaintiff bec...
Tag this Judgment!Royd Nursing Home and Health Care Ltd. Vs. Heritage Health Service Pvt ...
Court: Kolkata
Decided on: Sep-30-2013
ORDER SHEET CS No.90 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ROYD NURSING HOME & HEALTH CARE LTD.Versus HERITAGE HEALTH SERVICE PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 30th September, 2013. Appearance: Mr.Brotindro Mullick, Adv..for the plaintiff. Mr.Biswabrata Basu Mallik, Adv..for the defendant. The Court: The plaintiff has filed this suit for recovery of a sum of Rs.10,44,992/-. The basis of the claim is that the Defendant- Insurance Company did not pay the bills raised by the plaintiff in terms of the Memorandum of Understanding dated July 3, 2006. appearance and filed written statement. The defendant entered During the hearing of the suit, it appears to this Court that a substantial part of the claim of the plaintiff is justified and, accordingly, the learned Counsel for the defendant was directed to take necessary instructions. Mr.Biswabrata Basu Mallik, learned Counsel appearing on behalf of the defendant submitted o...
Tag this Judgment!Anjali Dealers Pvt Ltd Vs. Anjali Bose and anr.
Court: Kolkata
Decided on: Sep-30-2013
GA No.2400 of 2013 CS No.279 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANJALI DEALERS PVT LTD Versus ANJALI BOSE & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 30th September, 2013. Appearance: Mr.Tilok Bose, Sr.Adv.Mr.S.Banerjee, Adv.Mr.S.K. Roy, Adv.Ms.Nasreen Kauser, Adv..for the petitioner Mr.Pratap Chatterjee, Sr.Adv.Mr.P.Sinha, Adv.Mr.J.Chowdhury, Adv.Mr.S.Mukherjee, Adv.Mr.K.Chowdhury, Adv..for the respondent no.2 The Court : An order in terms of prayer (c) was passed on 14th August, 2013. Such order is continuing and while the petitioner seeks continuance of the said order for the reasons set-out in the said order, the respondent no.2 seeks vacating of the order passed. It has been contended by counsel for the respondent no.2 that the agreement dated 3rd January, 2012 was between the plaintiff and the defendant no.2. Under the said agreement the plaintiff was to beautify and make the land in its possession presentable by securi...
Tag this Judgment!Bhandari Builders Ltd. Vs. Hindustan Steel Works Construction Ltd and ...
Court: Kolkata
Decided on: Sep-30-2013
ORDER SHEET GA No.2846 of 2013 With CS No.611 of 2001 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BHANDARI BUILDERS LTD.Versus HINDUSTAN STEEL WORKS CONSTRUCTION LTD AND ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 30th September, 2013. Appearance: Mr.Jayanta Dutta, Adv.Mr.Bijon Majumdar, Adv.for the plaintiff Mr.Supriyo Bose, Adv.Mr.R.Sinha, Adv.for the defendants The Court : This is an application for extension of time to file written statement. It appears that the defendant no.1 did not file the written statement in spite of an order being passed on April 19, 2006. It appears that the defendant no.1 was given liberty to file the written statement within a period of four weeks from April 19, 2006 upon payment of cost of Rs.6000/- to the plaintiff. Similar opportunity was also given to the defendant no.2. There is a disagreement between the parties with regard to the payment of costs by the defendant no.1 to the plaintiff. Further, it appears...
Tag this Judgment!M. Rajkrishna Trading Pvt. Ltd. Vs. Jindal Steel Products Ltd.
Court: Kolkata
Decided on: Sep-30-2013
ORDER SHEET GA No.2867 of 2013 CS No.333 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M. RAJKRISHNA TRADING PVT.LTD.Versus JINDAL STEEL PRODUCTS LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date: 30th September, 2013 Mr.Abhrajit Mitra, Adv.with Mr.Jishnu Chowdhury, Adv.Mr.S.Banerjee, Adv.Mr.C.Gupta, Adv.Mr.D.R. Gupta, Adv..for the petitioner Mr.U.S. Menon, Adv.with Mr.Varun Kedia, Adv..for the respondent The defendant is represented through Counsel and it has been submitted on behalf of the defendant that the defendant is ready and willing to make payment of the principal sum mentioned in the petition which aggregates to approximately Rs.59,10,029/- in instalments on and from 20th October, 2013. Accordingly, let the said sum of Rs.59,10,029/- be paid in 12 monthly instalments of Rs.5,00,000/- each by the defendant to the petitioner. The fiRs.of such instalment be paid by 16th October, 2013 and the balance instalments be paid on the 16th day of ea...
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