Kolkata Court September 2013 Judgments
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G.S.Fertilisers Pvt.Ltd. Vs. the Associated Cement Companies Ltd.
Court: Kolkata
Decided on: Sep-17-2013
ORDER CS No.311 of 1998 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction G.S.FERTILISERS PVT.LTD. Versus THE ASSOCIATED CEMENT COMPANIES LTD. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date:17. h September 2013. Appearance: Mr. Ajoy Krishna Chatterjee, Sr. Advocate ...for the plaintiff. Mr. Aniruddha Mitra, Advocate ...for the defendant. The Court: The following issues are framed for trial of the suit:1. Whether the sale and purchase of 1500 MT of ACC super portland slag cement by the defendant to the plaintiff was governed as per the terms and conditions contained in the defendants order dated 24th October 1997 or the plaintiffs purchase order dated 24th October 1997?.2. Is there any agreement between the parties with regard to the price offered by the plaintiff for ACC super portland slag cement throughout the tenure of the agreement as alleged by the plaintiff in paragraph 5 of the plaint ?.3. (a) Whether the defendant committed breach in not supplying cement to the pl...
Mrs. Hosenara Begum Vs. Sk. Asraf Ali and ors.
Court: Kolkata
Decided on: Sep-17-2013
A.P.No.1048 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MRS.HOSENARA BEGUM Versus SK. ASRAF ALI & ORS.Appearance Mr.Anubhav Sinha, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :17. h September, 2013. The Court : The petitioner seeks an ex-parte order on the ground that if notices are given to the respondents, the assets of the partnership firm would be removed or third party interests created over the same. The petitioner claims to be a partner of firm Modern Packers and Enterprises along with the respondent Nos.1 to 4. The petitioner says that upon disputes arising in respect of the firm, the petitioner sought an arbitration thereof in accordance with the arbitration clause contained in the partnership deed. The petitioner submits that the petitioner was constrained to make a request under Section 11 of the Arbitration and Conciliation Act, 1996 upon the respondents refusing to accept the petitioners nominee as arbitrator. In couRs....
Rajeev Maheshwari and ors. Vs. Indu Kocher and ors.
Court: Kolkata
Decided on: Sep-17-2013
ORDER SHEET GA 282.OF 201.CS 32.OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAJEEV MAHESHWARI AND ORS.Versus INDU KOCHER AND ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :17. h September, 2013. Mr.H.K.Mitra, Sr.Adv., with Ms.N.Dey, Adv.Mr.S.Mitra, Adv.Mr.G.Khaitan, Adv.Ms.D.Chatterjee, Adv..for petitioneRs.Mr.R.Deb, Sr.Adv., with Mr.Jishnu Saha, Adv.Mr.P.Ghose, Adv., ..for respondents nos.1 to 3. The Court : In a suit for a declaration that the orders dated December 23, 2011, March 13, 2011 and October 11, 2012 do not permit the defendants to pursue any of the claims made in the statement of claim, an application has been filed for interim reliefs. The case of the petitioners is that the Maheshwaris and the Kochhars were Corporation. partners in Bharat Industries and Commercial An application was filed in 1995 under section 20 of the 1940 Act as disputes and differences arose between the parties. The said application was disposed of in 2007 ...
Srei Equipment Finance Private Limited Vs. Shri Sai Structure and anr.
Court: Kolkata
Decided on: Sep-17-2013
ORDER SHEET E.C.357 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED Versus SHRI SAI STRUCTURE & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date:17. h September, 2013. Appearance: Mr.Subhankar Shaw, Adv. for the decree-holder Mr.Sankar Banerjee, Adv. for the judgment-debtor no.1 The Court: Counsel for the judgment-debtor submits that the time be granted to enable the judgment-debtor to take proceeding in accordance with law. The decree-holder submits that the decree sought to be executed is dated 27th June, 2012 and no notice under Order 21 Rule 22 of the Code of Civil Procedure needs be given. A copy of the award was sent by the arbitrator to the judgment-debtor and the same has returned with the endorsement refused. Therefore, the plea of non-service of award cannot be taken by the judgmentdebtor. The arbitrator attempted to serve a copy of the award on the judgmentdebtor but the said service was refused as...
Sambhu Nath Agarwal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-17-2013
FORM No.J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: THE HONBLE JUSTICE ANIRUDDHA BOSE W.P. No.2 of 2013 Sambhu Nath Agarwal Vs. State of West Bengal & Ors. Advocates for the Petitioner: Mr. Kalyan Bandopadhyay Sr. Adv. Mr. Ram Anand Agarwal Ms. Nibedita Pal Mr. Ramesh Dhara Advocates for the State: Mr. Subrata Talukdar Mr. T. M. Siddiqui Advocates for the Respondent Nos. 6 & 7: Judgment on: Mr. Sagar Bandopadhyay Ms. Soma Kar Ghosh Mr. Niladri Banerjee 17th September, 2013. ANIRUDDHA BOSE, J.:1. The petitioner in this proceeding seeks mandatory direction upon the Food & Supplies Department, Government of West Bengal requiring them to appoint him as a dealer of a fair price shop bearing No.3712 under the Haltu sub-area of this State. The shop in question is guided by the West Bengal Urban Public Distribution System (Maintenance & Control) Order, 2003. The said shop was being run in partnership by the petitioner with one Madhusudan Dey (sinc...
Dwarka Nath Jha Vs. Ram Prasad Mahato
Court: Kolkata
Decided on: Sep-16-2013
1 ORDER SHEET GA No.2660 of 2013 APO No.262 of 1990 CS No.156 of 1989 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DWARKA NATH JHA Versus RAM PRASAD MAHATO BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date :16. h September, 2013. Appearance: Mr.P.S.Bose with Mr.Sjoy Roy and Mr.B.Mitra,ld. Advocates for the applicant. Mr.A.Mallick, ld. Advocate For the present Trustee Board. Mr.Anindya Mitra, Sr.Advocate with Mr.Abhrajit Mitra and Mr.Raja Basu Chowdhury Ld. Advocates for the purchaser. The Court :- The petitioner filed an application before the Division Bench in the nature of review of an earlier order confirming the sale of a property in a disposed of appeal. According to the petitioner, he was the highest bidder, whereas the highest was given priority. respondent being the second The Division Bench dismissed the application by a judgment and order dated February 13, 2013. The Division Bench observed as follows: This app...
Srei Equipment Finance Pvt Ltd Vs. Pankaj Kumar and anr
Court: Kolkata
Decided on: Sep-16-2013
1 ORDER SHEET GA No.2409 of 2013 APOT No.382 of 2013 AP No.128 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT LTD Versus PANKAJ KUMAR & ANR BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date :16. h September, 2013. Appearance: Mr.S.K. Tiwari, ld. Advocate For the appellant. The Court :- The undelivered packet meant remark for the respondent Addressee no.1 absent, has family come back members with the refused. Ultimately, he refused to accept on August 23, 2013. The packet meant for respondent no.2 reached the concerned post office on August 23, 2013. Thereafter, no endorsement was found on the net. More than 30 days have passed. There is no further development as available on the net. We are satisfied about the service. The appellant contends, a sum of Rs.24,09,500/- is still due and payable from the respondent. The learned Judge asked Receiver the has respondents Receiver done it. admitte...
Dr.Krishna Sankar Ganguly Vs. the Kolkata Municipal Corporation and or ...
Court: Kolkata
Decided on: Sep-16-2013
ORDER SHEET WP No.912 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DR.KRISHNA SANKAR GANGULY Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :16. h September, 2013. Appearance: Mr.Joydip Kar, Advocate Mr.Tanay Chakraborty, Advocate for the petitioner Mr.Arijit Dey, Advocate for the respondent The Court: In my opinion, the order of Soumitra Pal, J., dated 14th July, 2010 in WP No.376 of 2009 (Dr. Krishna Sankar Ganguly -versus- Kolkata Municipal Corporation & Ors.) did not authorise the Municipal Commissioner to review the earlier order dated 18th March, 1999, passed by a former Municipal Commissioner. The order dated 18th March, 1999, was to the following effect :- Re: Final Order of Dr. Krishna Sankar Ganguly, Registrar, Nimtolla Burning Ghat. This is a Departmental Proceeding drawn against Dr. Krishna Sankar Ganguly, Registrar, Nimtolla Burning Ghat. The charge against Dr. Ganguly was commitment of mis...
Chandra Das and ors. Vs. Kamal Mitra
Court: Kolkata
Decided on: Sep-16-2013
ORDER SHEET CS No.90 of 2008 GA No.2441 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CHANDRA DAS & ORS.Versus KAMAL MITRA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :16. h September, 2013. Mr.Suman Dutt, Adv.Mr.Kaushik Chowdhury, Adv.Mr.Syamantak Banerjee, Adv.Ms.Subhra Das, Adv..for the plaintiffs. Mr.Dhruba Ghosh, Adv.Mr.Sakya Sen, Adv.Ms.Debjani Ghosh, Adv.Mr.Soumava Ghosh, Adv.Ms.Deboshree Saha, Adv..for the defendant. The Court: This is an application filed by the defendant for appointment of a handwriting expert or a document examiner to undertake a forensic study of the documents as detailed in the schedule to the said applicant namely, 1. Photocopy of the Index to Wills. produced with the Report of the District Judge, Alipore dated 17.09.2007.2. Photocopy of the Registrar of Title Suits. produced with the Report of the District Judge, Alipore dated 17.09.2007.3. Original Torn Sheet marked A produced by the Learned Court at Alipore pu...
M/S. Usha Tea Co. Co Pvt Ltd and anr. Vs. Registrar of Companies, West ...
Court: Kolkata
Decided on: Sep-16-2013
ORDER SHEET C.P.529 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE M/S.USHA TEA Co.CO PVT LTD & ANR. Versus REGISTRAR OF COMPANIES, WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 16th September, 2013. Appearance: Mr.Mukti Ch. Ghosh, Adv.Mr.Shanta Mitra, Adv.The Court: 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.46,000/- 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 petitioners accept such position and are agreeable to pay the amount. Subject to the petitioners paying a sum of Rs.46,000/- to the Registrar of Companies within a fortnight from dat...
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