Kolkata Court September 2013 Judgments
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Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-18-2013
ORDER SHEET C.A.No.751 of 2012 C.P.No.324 of 1991 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction TEA TRADING CORPORATION OF INDIA LTD.(IN LIQUIDATION) And THE OFFICIAL LIQUIDATOR & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :18. h September, 2013. Appearance: Mr.Gautam Kumar Ray,Advocate Mr.B.P.Subba,Advocate Mr.D.Dutta,Advocate Mrs.Mithua Sen,Advocate Mr.S.Banerjee,Advocate Mr.Victor Dutta,Advocate Mr.A.B.Das,Advocate. The Court : This is an application at the instance of the State Bank of India being one of the secured creditors for release of the further amount out of the proceeds of the company in liquidation by the Official Liquidator. The Official Liquidator adjudicated the amount payable to the State Bank of India. In an earlier application taken out by the State Bank of India, the Court directed the Official Liquidator to pay an adhoc payment of Rs.2 Crores and odd. The Court further directed the Official Liquidator to adjudicate the claims of the workers of the te...
Turner Morrison Limited Vs. National Insurance Company Limited, Divisi ...
Court: Kolkata
Decided on: Sep-18-2013
CS No.230 of 2008 IN THE HIGH COURT AT CALCUTTA OIRIDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE TURNER MORRISON LIMITED Versus NATIONAL INSURANCE COMPANY LIMITED, DIVISION-I B E F O R E: The Honble Justice Soumen Sen Dated, the 18th September, 2013. Appearance: Mr.J.Saha, Adv.Ms.Ahana Sikder, Adv.Mr.Ashis Kumar Mukherjee, Adv.For the plaintiff. Mr.Arindam Mukherjee, Adv.Mr.S.Pal Chowdhury, Adv.For the defendant. The Court:- At the time of hearing of the suit it appeared to this Court that having regard to the nature of controveRs.and issues involved there was adequate scope for settlement of the disputes between the parties and accordingly the parties were directed to have discussions. This Court also had indicated guidelines on which the parties proceeded and ultimately could settle their disputes on terms as filed in Court today. It is agreed by and between the parties that the above suit be disposed of in terms of the instant Terms of Settlement, and therefore a) On and from th...
Smt. Anari Debi and ors. Vs. Coal India Ltd and ors.
Court: Kolkata
Decided on: Sep-18-2013
ORDER SHEET WP No.232 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. ANARI DEBI & ORS.Versus COAL INDIA LTD & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 18th September, 2013. Appearance: Mr.Partha Ghosh, Advocate Mr.R.N.Mazumdar, Advocate Mr.Aniruddha Mitra, Advocate Mr.N.K.Roy, Advocate The Court: A very interesting question has arisen in this writ application. The writ petitioner No.1 is the widow of the deceased worker, the writ petitioner No.2 is his son-in-law and writ petitioner No.3 is daughter. The deceased colliery worker did not have a son. According to the National Coal Wage agreement, a dependent married daughter is not eligible for compassionate appointment. However, a dependent son in law living in his father-in-laws place of residence is eligible. In this case consideration orders were earlier made on 3rd September 2012 and 21st September, 2012 by this Court. The respondents were asked to take a sympathetic view. On a con...
Sri Dipak Bouri Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Sep-18-2013
ORDER SHEET WP No.511 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sr.DIPAK BOURI Versus COAL INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 18th September, 2013. Appearance: Mr.Subrata Ganguly, Advocate Mr.Amit Halder, Advocate The Court: The writ petitioner challenges the order dated 29th April, 2009, passed by the Director (Personnel).Eastern Coalfields Ltd., as the Appellate Authority. This adjudication was made in obedience to the order dated 2nd February, 2009 in WP No.1919(W) of 2009 passed by Dipankar Datta, J. This was in the following terms :Having heard learned Counsel for the parties, this writ petition stands disposed of with a direction upon the appellate authority, respondent No.3, to consider and dispose of the petitioners appeal in accordance with law, if not already disposed of, as early as possible but positively within a period of three weeks from date of receipt of a copy of this order upon granting the pet...
Rai Surajmal Bahadur Charitable Trust Vs. Rajendra Kumar Banka and ors ...
Court: Kolkata
Decided on: Sep-18-2013
ORDER SHEET GA No.1929 OF 201.ACR NO.1 OF 200.GA NO.1993 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAI SURAJMAL BAHADUR CHARITABLE TRUST Versus RAJENDRA KUMAR BANKA & ORS. BEFORE: The Hon'ble JUSTICE PATHERYA Date :18. h September, 2013. Mr.S.Chowdhury, Mr.L.Mondalfor petitioner. Mr.S.Sen, Mr.S.R. Kakraniafor interim trustee. Mr.S.Ghosh, Mr.N.Dasguptafor trustee. Mr.R.Mitra, Mr.S.Senfor respondents. The Court : GA No.1929 of 2013 has been filed by the applicants of ACR No.1 of 2002 whereby the applicants seek modification of orders dated 13th May, 2002 and 21st May, 2002 by removing the interim trustees and the supervisory trustee of the said charitable trust. The reason for such removal is that the order dated 13th May, 2002 was passed in CS No.202 of 2002 and ACR No.1 of 2002. CS No.202 of 2002 was dismissed on 6th October, 2010 and in appeal the order of the trial court has been affirmed by an order dated 23rd April, 2013. Therefore, Mah...
Indiana Conveyors Limited Vs. Steel Authority of India Limited
Court: Kolkata
Decided on: Sep-18-2013
AP No.1017 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE INDIANA CONVEYORS LIMITED Versus STEEL AUTHORITY OF INDIA LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :18. h September, 2013. Appearance: Mr.S.N. Mitra, Sr.Adv.Mr.Sayantan Basu, Adv.Mr.Koushik Mondal, Adv.Ms.Somali Bose, Adv..for the petitioner Mr.Anindya Mitra, Sr.Adv.Mr.Abhijit Gangopadhayay, Adv.Ms.Supriya Dubey, Adv..for the respondent The Court : The present request under Section 11 of the Arbitration and Conciliation Act, 1996 is not maintainable. In any event, the reference to Sections 14 and 15 in the cause title appears to be completely misplaced. The arbitration agreement in this case provides for the disputes to be referred to the sole arbitration of the Director (RMD).Chief Executive of RMD by whatever name he is designated. The agreement also envisages that in the event the Director (RMd.is unable to or unwilling to act due to preoccupation or otherwise he may n...
Tarak Chandra Roy Vs. Jitubhai Patel and anr.
Court: Kolkata
Decided on: Sep-18-2013
ORDER SHEET CS No.209 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TARAK CHANDRA ROY Versus JITUBHAI PATEL & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :18. h September, 2013. Appearance: Mr. Sayantan Basu, Adv. Mr. Prithviraj Sinha, Adv. Mr. Tanmoy Roy, Adv. Mr. Samya Sen, Adv. For the plaintiff. Mr.Rupak Ghosh, Adv. Mr. Chayan Gupta, Adv. For the defendants The Court :- Heard the learned Counsel for the parties. Considering the pleadings and suggested issues filed in Court the following issues are settled:1. Has the plaintiff bonafide adopted the trademark Tanmay Biri. (label) as well as word mark Tanmay. including the get up, layout and colour scheme of the packets as well as the pouches being Annexure-B and Annexure-C of the plaint?.2. Is the label of the defendant being Annexure-F and Annexure-G of the plaint and the word `Tanmay a colourable imitation and/or identical and/or deceptively similar to the trademark of the plaintiff be...
Basukinath Developers Pvt. Ltd. Vs. Shree Madhav Edible Products Ltd.
Court: Kolkata
Decided on: Sep-18-2013
ORDER SHEET GA No.1281 of 2013 CS No.148 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BASUKINATH DEVELOPERS PVT.LTD.Versus SHREE MADHAV EDIBLE PRODUCTS LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date :18. h September, 2013. Mr.Sarbapriya Mukherjee, Adv.for the petitioner The Court : On 7th May, 2013 an order was passed in terms of prayer (d) of the notice of motion. Thereafter on the returnable date none appeared to represent the respondent. Accordingly, directions were given for filing affidavits and interim order extended. On 31st July, 2013 matter was mentioned and extension was sought to file the affidavitin-opposition. Such extension was granted and matter was directed to appear as For Orders. In spite of such direction given, no affidavit has been filed till this date. In fact none appears to represent the respondent. The case of the petitioner is that in November, 2012 an inter corporate deposit of 15 lakh was made with the respondent fo...
M/S. Jai Balaji Industries Ltd. and anr. Vs. Customs, Excise and Servi ...
Court: Kolkata
Decided on: Sep-18-2013
WP No.885 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE M/S.Jai Balaji Industries LTD.& Anr. Versus CustoMs.Excise And Service Tax Appellate Tribunal, Eastern Zone Bench & ORS.Before: The Hon'ble Justice Harish Tandon Date:18. h September 2013 Appearance: Mr.Siddhartha Das, Advocate Mr.C.S. Das, Advocate for the petitioner Mr.N.C. Roychoudhury, Sr.Advocate Mr.K.K. Maity, Advocate for the respondents The Court: The petitioner challenges the order dated 21st February 2011 passed by the Commissioner of Central Excise, Bolpur Commissionerate before the CustoMs.Excise and Service Tax Appellate Tribunal. The petitioner took out an application for waiver of pre-deposit of the duty demanded which came to be disposed of on 29th October 2012 by directing the petitioner to deposit a sum of Rs.5 lakhs in addition to the deposits already made by them within eight weeks from that date. Subsequently the petitioner took out an application for modification of the ...
Sanjay JaIn Vs. Raj Kumar Saha and ors.
Court: Kolkata
Decided on: Sep-18-2013
ORDER SHEET GA No.2865 of 2013 CS No.331 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SANJAY JAIN Versus RAJ KUMAR SAHA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :18. h September, 2013. Mr.Rajeev Kumar Jain for the petitioner. The Court : In a suit for a money decree and a declaration that the petitioner is the only person entitled to exercise right over the fiRs.release and subsequent release of the Bengali film Black Mmail this application has been filed for interim reliefs. The case of the petitioner is that it had lent and advanced moneys for making of the said feature film and in view thereof was entitled to repayment of sums on release of the film. He has now come to know that from the box office collections and from the respondent nos.4 to 11 who are distributors and exhibitors of the said film payment is to be received by the respondent nos.1 to 3. No payment has been made to the petitioner. Hence this application has been filed and orders so...
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