Kolkata Court September 2013 Judgments
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National Buildings Construction Corporation Limited Vs. Joydeep Paul
Court: Kolkata
Decided on: Sep-16-2013
1 ORDER SHEET GA No.2659 of 2013 APOT No.425 of 2013 AP No.732 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE NATIONAL BUILDINGS CONSTRUCTION CORPORATION LIMITED Versus JOYDEEP PAUL BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date :16. h September, 2013. Appearance: Mr.Amitava Ghosh with Mr.Sourav Chatterjee Ld. Advocates for the appellant. Mr.Dhrubo Ghosh with Mr.Sarojit Mitra Ld. Advocates for the respondent. The Court :- There will be an order in terms of prayer (a) of the petition. The Arbitrator held 98 sittings, yet he could not finish it. The Apex Court earlier requested him to conclude the reference within 3 months from the date of passing of the said order. The Arbitrator could not do so. The appellant would, however, have serious grievances as against the Arbitrator. The appellant approached the learned sections Single 13, Judge 14 and by making 15 of an the application Arbitration under and Conciliation...
Birendra Nath Ghosh Vs. Sambhu Nath Ghosh
Court: Kolkata
Decided on: Sep-16-2013
ORDER SHEET ATA No.7 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF: BIRENDRA NATH GHOSH Versus SAMBHU NATH GHOSH BEFORE: The Hon'ble JUSTICE PATHERYA Date :16. h September, 2013. Appearance: Mr.Swapan Kumar Mallick, Advocate with Mr.S.Roy Chowdhury, Advocate..for the petitioner. Mr.Uttam Basak, Advocate..for Standard Construction. The Court:-The words 90 years appearing in the fiRs.page of the order dated 9th September, 2013 be corrected to 60 years. Let this correction be incorporated in the order dated 9th September, 2013. Mr.Kiran Patra one of the partners of Standard Construction is present in Court today and has agreed to make payment of Rs.45 lacs to the trustee in respect of the said property without exercising any lien in respect thereof. Out of the sum Rs.10 lacs which was to be given as security deposit, a sum of Rs.5 lacs has been furnished by M/S.Carewell Properties and as M/S.Carewell Properties is no longer inter...
D. L. Samarapala Jayawardana and ors. Vs. Maha Bodhi Society of India ...
Court: Kolkata
Decided on: Sep-16-2013
ORDER SHEET GA No.2669 of 2013 CS No.314 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction D.L.SAMARAPALA JAYAWARDANA & ORS.Versus MAHA BODHI SOCIETY OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :16. h September, 2013. Mr.Abhrajit Mitra, Mr.Mainak Bose, Mr.Bhaskar Prosad Banerjee, Mr.Amitabh Ray, Mr.A.Bagaria, Mr.A.Poddar for the petitioneRs.Mr.Soumya Roy, Mr.Balaram Mukherjee, Mr.Anubhab Dutta Roy, Ms.Aritra Podder for the respondent no.2. The Court : Although the point of locus standi has been raised by the respondent no.2 in respect of the plaintiffs/petitioners herein, the said issue is not relevant as admittedly the suit was filed in 2002 by the petitioners herein for declaration that the agenda no.8 of the notice dated 10th August, 2002 was null and void. An interim order was also passed therein but the said interim order was not continued in view of the affidavit filed by the respondent no.2 on 29th January, 2009 wherein it was categorically ...
Academy of Fine Arts and ors. Vs. Jahar Dasgupta and ors.
Court: Kolkata
Decided on: Sep-16-2013
ORDER SHEET GA No.3156 of 2012 CS No.385 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ACADEMY OF FINE ARTS & ORS.Versus JAHAR DASGUPTA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :16. h September, 2013. Mr.Tilok Bose, Sr.Adv.Mr.Anirban Roy, Adv.for the plaintiffs Mr.Joydip Kar, Mr.S.Ghosh, Adversus for defendant Nos.1,3,4, 12, 13 and 14 The Court : The only reason for listing the matter today as To Be Mentioned was to ascertain from the members of the executive committee whose election is sought whether they were insisting on casting of vote by persons who have been inducted as members after the cut off date of 12th September, 2011. This day counsel appearing for the executive committee submits that the executive committee will go by the cut off date of 12th September, 2011 and those persons as on 12th September, 2011 will be entitled to cast their vote. As the dispute with regard to cut off date stands resolved, let 12th September, 2011 ...
Bhamar Roy Vs. L and T Finance Ltd and anr
Court: Kolkata
Decided on: Sep-16-2013
AP No.803 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BHAMAR ROY Versus L & T FINANCE LTD AND ANR Appearance: Mr.Asis Kumar Mukherjee, Adv...for the petitioner. Mr.Sakya Sen, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 16, 2013. The Court : The petition is not maintainable as it has been filed beyond the period of limitation. Paragraph 61 of the petition says that the award dated October 22, 2012 had not been served on the petitioner and that the petitioner only came to know of the award from EC No.206 of 2013 which appended was the served copies of on July the 7, 2013. papers The relating petitioner to proceedings to the petition without any reservation. the has execution Paragraph 18 of the affidavit in support of the tabular statement filed by the finance company in the execution proceedings claims that the arbitral award along with the arbitrators forwarding letter of October 22, 2012 was duly s...
Srei Equipment Finance Private Limited Vs. Rangara Industries Private ...
Court: Kolkata
Decided on: Sep-16-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A.P.No.848 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.849 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.850 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.851 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.853 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.854 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.855 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.857 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :16. h September, 2013. Appearance: Mr.Satarup Banerjee, Adv...for the...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-16-2013
ORDER SHEET C.A.300 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE RE: TARSONS PRODUTS PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date:16. h September, 2013. Appearance: Mr.Rajesh Singh, Adv.Ms.Mamta Bargab, Adv.The Court : The Central Government says that there are several unsecured creditors of the transferor and transferee company and the separate meeting of the shareholders as well as the creditors is required to be convened. That a meeting of the Shareholders of Tarsons Products Private Limited shall be convened and held at 10, Kiran Shankar Roy Road, 1st Floor, Kolkata700001 on the 7th day of November, 2013 at 4.30 p.m.for the purpose of considering and if thought fit approving with or without modification, the Scheme of Amalgamation proposed between G.R.Packsys Private Limited (hereinafter referred to as the Transferor Company) with Tarsons Products Private Limited (hereinafter referred to as the Transferee Company.).That a meeting of the...
Sinchita Kanjilal and anr. Vs. Mohini Mohan Kanjilal and Sons and ors.
Court: Kolkata
Decided on: Sep-16-2013
CS 22.of 2002 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE SINCHITA KANJILAL & ANR. Versus MOHINI MOHAN KANJILAL & SONS & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :16. h September, 2013. For the plaintiffs : Mr.Debnath Ghosh,Advocate Mr.G.K.Ray,Advocate Mr.S.Guptu,Advocate For the defendants : Mr.D.K.Mookherjee,Advocate Mr.D.Basu Mallick,Advocate Mr.S.Mukherjee,Advocate The Court :- The Court having conferred with the parties and having determined that this matter could benefit from mediation and pursuant to Section 89 of the Code of Civil Procedure, the parties are referred to mediation. The disputes are essentially family disputes which, in my view, are capable of being resolved in a mediation. The parties have also agreed to have their disputes referred to mediation. In view thereof, the Member Secretary, Mediation Centre, High Court, Calcutta is directed to appoint a Mediator. The learned Mediator is requested to take expeditious steps in the matter and facilitate settlement ...
Sudip Kumar Kanjilal and ors. Vs. Kanjilal Marketing Pvt. Ltd. and ors ...
Court: Kolkata
Decided on: Sep-16-2013
CS 37.of 2002 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE SUDIP KUMAR KANJILAL & ORS.Versus KANJILAL MARKETING PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :16. h September, 2013. For the plaintiffs : Mr.Debnath Ghosh,Advocate Mr.G.K.Ray,Advocate Mr.S.Guptu,Advocate For the defendants : Mr.D.K.Mookherjee,Advocate Mr.D.Basu Mallick,Advocate Mr.S.Mukherjee,Advocate The Court :- The Court having conferred with the parties and having determined that this matter could benefit from mediation and pursuant to Section 89 of the Code of Civil Procedure, the parties are referred to mediation. The disputes are essentially family disputes which, in my view, are capable of being resolved in a mediation. The parties have also agreed to have their disputes referred to mediation. In view thereof, the Member Secretary, Mediation Centre, High Court, Calcutta is directed to appoint a Mediator. The learned Mediator is requested to take expeditious steps in the matter and facilitate settlement ...
Birla Education Trust and ors. Vs. Birla Corporation Limited and ors.
Court: Kolkata
Decided on: Sep-16-2013
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE Present: The Honble Justice Jyotirmay Bhattacharya A.C.O No.136 of 2013 A.P.O No.216 of 2013 C.P No.1 of 2010 Birla Education Trust & ORS.-VsBirla Corporation Limited & ORS.Appearance: Mr.Partha Sarathi Sengupta, Advocate Mr.Ravi Kapur, Advocate Mr.Amit Agarwalla Advocate ..For the Appellants Mr.Anindya Kumar Mitra, Senior Mr.Pratap Chatterjee, Senior Mr.Debangsu Basak, Ms.Manju Bhuteria, Mr.Jishnu Chowdhury, Mr.Paritosh Sinha, .For the respondent Nos.1,5 to 10, 37 and 42 Advocate Advocate Advocate Advocate Advocate Advocate Mr.Kalyan Kumar Bandapadhyay, Senior Advocate Mr.Rajesh Upadhyay, Advocate .for the Respondent Nos.38 to 40. Mr.Abhrajit Mitra, Advocate Mr.Satadip Bhattacharya, Advocate .For the Respondent No.29 Mr.Sarvapriya Mukherjee, Advocate ..for the respondent Nos.15, 16, and 19. Mr.Sakti Nath Mukherjee, Senior Advocate Mr.Soumya Ray Chowdhury, Advocate Mr.Dabanjan Mondal, Advocate Mr.Sanjiv Kumar Triv...
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