Kolkata Court September 2013 Judgments
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Neelachal Minerals Ltd. Vs. Narayan Das Bahety and ors.
Court: Kolkata
Decided on: Sep-16-2013
CS 56.of 1985 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE NEELACHAL MINERALS LTD.Versus NARAYAN DAS BAHETY & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :16. h September, 2013. For the plaintiff : Mr.Surajit Nath Mitra,Sr.Advocate Mr.Deepak Jain,Advocate Ms.Suparna Mukherjee,Advocate Mr.D.Banerjee,Advocate appeaRs.Mr.S.Panja,Advocate appeaRs.The Court :- Mr.Surajit Nath Mitra,learned Senior Counsel appearing on behalf of the plaintiff submitted that the claim of the plaintiff against the defendant No.1 was settled on the basis of a terms of settlement filed in Court and recorded in the order dated 25th August,2004. Subsequently, the plaintiff had also settled its claim against the defendant No.2 on the basis of a terms of settlement filed in Court and recorded in the order dated 16th July, 2013. The plaintiff has now settled its claim against the defendant No.5(b) and a terms of settlement duly signed by the learned Attorneys representing the parties as well as by the plaintiff and...
East Kolkata Wetlands Management Authority and Another Vs. Unnayan Dev ...
Court: Kolkata
Decided on: Sep-16-2013
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Subhro Kamal Mukherjee And The Honble Justice Murari Prasad Shrivastava September 16, 2013 GA 263.of 2013 GA 263.of 2013 APOT 41 of 2013 WP 48.of 2012 East Kolkata Wetlands Management Authority and another versus Unnayan Developer Private Limited and others Mr.KishoreDutta, Mr.Supratim Dhar For the appellants Mr.P.K.Dutta Mr.S.Ghosh, Ms.S.Roy For the respondent no.1 Mr.Ayan Banerjee For the respondent nos.2, 3 and 4 The Court :- Mr.P.K.Dutta, learned advocate appears for the respondent no.1 and accepts notice. Mr.Ayan Banerjee, learned advocate appears for the respondent Nos.2, 3 and 4. He also accepts notice. Therefore, service of notice of this application for condonation of delay is complete by appearance. After hearing Mr.Kishore Dutta appearing in support of the application for condonation of delay, Mr.P.K.Dutta appearing for the respondent no.1and Mr.Ayan Banerjee appearing for t...
Citi Bank N. A. and anr. Vs. Megnath Poddar and ors.
Court: Kolkata
Decided on: Sep-16-2013
ORDER SHEET GA No.2830 of 2013 CS No.330 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction CITI BANK N.A.& ANR. Versus MEGNATH PODDAR & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :16. h September, 2013. Mr.Hirak Mitra, Sr.Advocate, Mr.Siddhartha Chatterjee, Ms.Suchishmita Chatterjee (Ghosh).Mr.M.K. Seal for the petitioner. The Court : In a suit for a decree declaring the acts of the respondent no.1 as wrongful and illegal and restraining the agents and associates of the respondent no.1 from interfering with the day to day functioning of the head office so also the branch offices of the petitioner this application has been filed for interim reliefs. The case of the petitioner is that for running its banking business persons are engaged on a contract basis. They have formed the City Bank (Kolkata) H.O.Contractor Workers Union. Several persons are also engaged as service contractors through Wizard Corporate Consultant Private Limited. Since 2nd September, 2013 ...
Src Udyog Ltd. Vs. Maa Kali Coke Plant Ltd.
Court: Kolkata
Decided on: Sep-16-2013
IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION CP No.411 of 2013 Sr.Udyog LTD.Versus Maa Kali Coke Plant LTD.And CP No.359 of 2013 Maa Kali Coke Plant LTD.Versus Sr.Udyog LTD.Before: The Hon'ble Justice Harish Tandon Date: 16th September 2013 Appearance: Mr.Arif Ali, Advocate Mr.Vikas Baisya, Advocate Mr.Adil Rashid, Advocate for Sr.Udyog LTD.Mr.Sohail Haque, Advocate Mr.S.K. Gupta, Advocate for Maa Kali Coke Plant LTD.The Court: Both the company and the petitioning creditor have filed the counter winding up petitions in respect of the same set of supplies. The petitioning creditor in CP No.411 of 2013 supplied pearl Coke to the company who is the petitioning creditor in CP No.359 of 2013 on the basis of the purchase order dated 11th February 2011. According to the petitioning creditor, the total supplies were made for a sum of Rs.16,10,738/- starting from 16th February 2011 to 27th February 2011. A debit note of Rs.57,225/- was issued for short supply because of the loss of the g...
Naistoco (India) Pvt. Ltd. Vs. Bay Forge Ltd.
Court: Kolkata
Decided on: Sep-16-2013
ORDER SHEET C.P.568 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE NAISTOCO (INDIA) PVT.LTD.Versus BAY - FORGE LTD.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 16th September, 2013. Appearance: Ms.Debjani Chatterjee, Adv.The Court: Despite service the company is not represented. The company placed the order on the petitioner for supplying of 12 numbers of hollow forging as per the specifications indicated in the said purchase order dated 10-092007. The petitioner supplied the said material and raised the invoices. The company made a part payment leaving the sum of Rs.7,67,209/- on account of a principal sum. The statutory notice which was duly served on the company is also not replied. The purchase order and the invoices are annexed to the winding up petition which raises a presumption that the goods have been supplied to the satisfaction of the company. The company is indebted to the petitioning creditor for a principal sum of Rs.7,67,209/- and is unable ...
HanjIn Shipping Co. Ltd. Vs. A.Tosh and Sons (i) Ltd. and ors.
Court: Kolkata
Decided on: Sep-13-2013
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Justice Dr. Mrinal Kanti Chaudhuri A.P.O.No.41 of 2013 C.S.No.285 of 1998 AND A.P.O.No.42 of 2013 C.S.No.286 of 1998 HANJIN SHIPPING Co.LTD.versus A.TOSH & SONS (I) LTD.& ORS.For the Appellant : Mr.P.K.Das, Advocate Ms.Nilanjana Addya, Advocate Ms.Sumita Ghoshal, Advocate For the Respondent : Mr.Ravi Kapoor, Advocate Mr.S.Sengupta, Advocate Mr.Meghajit Mukherjee, Advocate Ms.Koeliya Banerjee, Advocate Heard on : September 2, 2013. Judgment on : September 13, 2013. ASHIM KUMAR BANERJEE, J.: SUBJECT CONTROVERCY: Plaintiff filed the suit as against three defendants. The defendant No.1 is A Shipping Company having its head office at Korea. The defendant No.3 is also a Foreign Company having its office at London. The defendant No.2 is an Indian Insurance Company. We are concerned with defendant No.1 and 3. The plaintiff filed the suit as ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-13-2013
Company Application No.428 of 2013 In the High Court at Calcutta Original Jurisdiction In the matter of : The Companies Act, 1956. And In the matter of : An application under Sections 391(1) and 393 of the said Act. And In the matter of: FORUM REALTY PRIVATE LIMITED, a company incorporated under the provisions of the Companies Act, 1956, having its Registered Office at 4/1, Red Cross Place, Kolkata 700001, within the aforesaid jurisdiction. And In the Matter of: FORUM VENTURES PRIVATE LIMITED, a company incorporated under the provisions of the Companies Act, 1956, having its Registered Office at 4/1, Red Cross Place, Kolkata 700001, within the aforesaid jurisdiction. And In the Matter of: FORUM PROJECTS PRIVATE LIMITED, a company incorporated under the provisions of the Companies Act, 1956, having its Registered Office at 4/1, Red Cross Place, 3rd Floor, Kolkata 700001, within the aforesaid jurisdiction.1. FORUM REALTY PRIVATE LIMITED 2 FORUM VENTURES PRIVATE LIMITED 3 FORUM PROJECTS P...
Smt. Kabita Sit Vs. Bikram Sen and ors.
Court: Kolkata
Decided on: Sep-13-2013
ORDER SHEET CC No.167 of 2011 -withWP No.1551 of 2006 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction (Contempt) ORIGINAL SIDE SMT. KABITA SIT Versus BIKRAM SEN & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :13. h September, 2013. Appearance : Mr.Dilip Kumar Samanta, Advocate. Mr.Biswapriya Samanta, Advocate. for the petitioner. Mr.Kamalesh Bhattacharya, Advocate. for the contemner. The Court : Since the time-limit which was fixed by this Court for payment of the petitioners dues has long expired and such payment has not been made to the petitioner, the instant contempt application has been taken out by the petitioner alleging noncompliance of the Courts order. The reason for the delay in processing the petitioners file for making the ultimate payment of her dues as per the order of this Court, has been explained by Mr.Bhattacharya before this Court. complete. However, he submits that now the process is almost Necessary bill for payment of her dues as per t...
Chartered Accountants of India Vs. Shri Manish Kumar Surana
Court: Kolkata
Decided on: Sep-13-2013
ORDER SHEET ACA No.2 of 2012 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (THE CHARTERED ACCONTANTS ACT) ORIGINAL SIDE THE COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA Versus SHRI MANISH KUMAR SURANA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date : 13th September, 2013. Appearance: Mr.Arif Ali, Adv..for the petitioner. Mr.Syed E. Huda, Adv.Mr.R.C.Banerjee, Adv..for the respondent. The Court: This is an application for approval of the findings and recommendations made, by the Council of Institution of Chartered Accountants of India, on March 21, 2011. The respondent Manish Kumar Surana was held guilty of professional misconduct under the provisions appearing from Notification No.1-CA(7)/46/99 dated 28th October, 1999 falling under Clause (ii) of Part II of the Second Schedule thereof read with Sections 21 and 22 of the Chartered Accountants Act, 1949. The Council recommended to the High Court that the respondent be reprimand...
Sarveshwari Mining Private Limited Vs. the Official Liquidator, High C ...
Court: Kolkata
Decided on: Sep-13-2013
ORDER SHEET CA No.891 of 2010 CP No.580 of 2000 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE In the matter of: SUTNA STONE & LIME Co.LTD.(IN LIQDN.) And In the matter of: SARVESHWARI MINING PRIVATE LIMITED Versus THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :13. h September, 2013. Appearance: Mr.Ahin Chowdhury, Sr.Advocate Mr.Subrata Dutta, Advocate Ms.Kuheli Sinha, Advocate Ms.Ruma Sikdar, Advocate The Court: It was jointly submitted by learned Counsel on behalf of Sarveshwari Mining Co.PVT.LTD.and the Official Liquidator as follows :1) Illegal mining activities are continuing despite several orders passed by this Court earlier.2) 90% of the immovable properties belonging to the company in liquidation in Satna District is in the possession of the Official Liquidator. With regard to the balance 10%, the Official Liquidator has reported in an action compliance report that the District magistrate had said that it would not...
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