Kolkata Court September 2013 Judgments
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Bhagwati Developers Private Limited and ors. Vs. the Peerless General ...
Court: Kolkata
Decided on: Sep-13-2013
1 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Subhro Kamal Mukherjee And The Honble Justice Dr. Mrinal Kanti Chaudhuri September 13, 2013 ACO 12.of 2013 APO 34.of 1996 ACO 15.of 2013 CP 22.of 1991 Bhagwati Developers Private Limited & ORS.versus The Peerless General Finance & Investment Company LTD.& ORS.ACO 12.of 2013 APO 34.of 2013 ACO 15.of 2013 CP 22.of 1991 Bhagwati Developers Private Limited & ORS.versus The Peerless General Finance & Investment Company LTD.& ORS.Mr.Bhaskar Gupta, Mr.Abhijit Chatterjee For Peerless General Finance Mr.Sakti Nath Mukherjee, Mr.Lakshmi Gupta For Mr.Kajal Chatterjee Mr.S.K.Kapur, Mr.Jishnu Saha, Mr.Ravi Kampur For Bhagwati Developers Mr.Dipayan Chowdhury For the respondent no.9 Mr.Amal Mitra For the respondent no.33 The Court :-These are applications for review of the judgment and order dated June 10, 2013 passed by a Division Bench of this Court in APO Nos.346-347 of 1997 arising out of CP No...
Srei Equipments Finance Pvt Ltd and ors Vs. Export Credit Gurantee Cor ...
Court: Kolkata
Decided on: Sep-13-2013
WP No.927 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SREI EQUIPMENTS FINANCE PVT LTD AND ORS Versus EXPORT CREDIT GURANTEE CORP.INDIA LTD BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :13. h September, 2013. Appearance: Mr.S.N. Mukerjee, Sr.Adv.Mr.Ratnanko Banerji, Adv.Mr.S.Banerjee,Adv..for the petitioners Ms.Arpita Sen (In person) Senior Manger The Court : The petitioners complain off the names of the petitioners having been put up on the Specific Approval List (SAL) of the fiRs.respondent Corporation without giving any notice to the petitioneRs.The fiRs.respondent Corporation is represented by its senior manager at the Calcutta regional office. It is submitted by the fiRs.respondent that in view of the order dated September 11, 2013, passed on WP No.945 of 2011 (Datre Corporation Limited versus Export Credit Guarantee India Limited).the names of the petitioners are, in any event, to be removed from the SAL upon the payment in terms of the...
Applicability Ofkar Vivad Samadhan Scheme (K Vs. S), 1998
Court: Kolkata
Decided on: Sep-13-2013
APO 21.of 2000 W.P.423 of 1999 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side COLLECTOR OF CUSTOMS Versus J.K.CORPORATION LTD.& DESIGNATED AUTHORITY Appellant Respondent BEFORE: The Hon'ble CHIEF JUSTICE Mr.ARUN MISHRA The Hon'ble JUSTICE JOYMALYA BAGCHI Date :13. h September, 2013. For the Appellants : Mr.S.B.Saraf with Mr.S.K.Saha, Advocates For the respondent : THE COURT applicability of : The question arises as to Kar Vivad Samadhan Scheme (KVSS).1998 to the case in question. The relevant provisions of Kversus Scheme, viz. Section 95(ii)(a),(b) and (c) are quoted below : 95. Scheme not to apply in certain cases.The provisions of this Scheme shall not apply (i) . . . . (ii) in respect of tax arrear under any indirect tax enactment,(a) in a case where prosecution for any offence punishable provisions of under indirect any any tax enactment has been instituted on or before the date declaration of under filing section of the 88, in respect of any tax arrear i...
Indian ChaIn Private Ltd. Vs. Mr. Ajit NaIn and anr.
Court: Kolkata
Decided on: Sep-13-2013
GA No.2765 of 2013 CS 15.of 2008 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE INDIAN CHAIN PRIVATE LTD.Versus Mr.AJIT NAIN & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :13. h September, 2013. For the petitioner/defendant : Mr.Abhrajit Mitra,Advocate Mr.Arindam Sinha,Advocate Mr.Dilip Kr. Ghosh,Advocate Mr.S.Roy Chowdhury,Advocate Mr.S.Ghosh,Advocate Mr.D.N.Chattopadhyay,Advocate For the plaintiff : Mr.Syamaprasad Sarkar,Sr.Advocate Mr.Jishnu Chowdhury,Advocate Mr.Sarvapriya Mukherjee,Advocate Mr.Arnab Sarkar,Advocate Mr.Sandip Das Gupta,Advocate The Court :- This application is at the instance of the defendants with a prayer for re-examination of the defendants witness for the explanation of a matter referred to in his cross examination as pleaded in paragraph 4 and, in the alternative the figures appearing in the answers to question Nos.188 and 189 as recorded in the depositin dated 21st August,2013 be corrected to read as Rs.19 lakhs. The prayers (a) and (b) are one and the same...
M/S. Choudhury Construction Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-13-2013
AP No.931 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.CHOUDHURY CONSTRUCTION -VersusSTATE OF WEST BENGAL Appearance: Ms.Aparna Banerjee, Adv...for the petitioner. Mr.Samarat Sen, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 13, 2013. The Court : The petitioner complains of the appointing authority not having responded within reasonable time of the request being made for the constitution of the arbitral tribunal and says that since the letter of appointment was despatched by the appointing authority after the respondent had been served a copy of the petition under Section 11 of the Arbitration and Conciliation Act, 1996, the appointment should be disregarded. An affidavit has been used by the State to demonstrate that the request for appointment was received on July 15, 2013, the appointment was recorded on August 8, 2013, the letter was prepared on August 14, 2013, the dak register recorded that ...
Shiv Prasad Agarwal and anr. Vs. Shambhu Nath Agarwala and ors.
Court: Kolkata
Decided on: Sep-13-2013
1 ORDER SHEET GA No.2518 of 2013 APOT No.401 of 2013 CS No.65 of 2008 -AndGA No.2667 of 2013 APOT No.428 of 2013 CS No.65 of 2008 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SHIV PRASAD AGARWAL & ANR. Versus SHAMBHU NATH AGARWALA & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :13. h September, 2013. Appearance: Mr.T.Bose with Mr.S.Mitra and Mr.V.Jhubjhunwala, ld. Advocates for the appellant. Mr.Ranjan Bachawat, Mr.Debnath Ghosh, Mr.S.Sengupta Mr.S.Chowdhury and Ms.P.Chowdhury ld. Advocates For the respondent no.1 The Court :- The parties are brothers by relation. acrimonies They galore. are fighting There are litigation claims and since 2008, cross-claiMs.criminal complaints from either sides. The matter came up before us on the last occasion when we asked the learned Counsel for the parties to ask the respective brothers to be personally present. personally The present elder apologized in Court. brother, to the A...
Prasanta Kumar Mahapatra Vs. Monoroma Mahapatra and ors.
Court: Kolkata
Decided on: Sep-13-2013
ORDER SHEET GA No.3348 of 2011 GA No.2328 of 2013 with CS No.23 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction PRASANTA KUMAR MAHAPATRA Versus MONOROMA MAHAPATRA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :13. h September, 2013. Mr.Samit Talukdar, Sr.Advocate, Mr.Sakya Sen, Mr.P.Sinha, Mr.Asim Kr. Kundu for the plaintiff. Mr.Dhruba Ghose, Mr.Arik Banerjee, Mr.Aveek Bose for respondent nos.1 and 6. Mr.Rajib Mullick for respondent no.3. Mr.Atish Ghosh, Mr.Arindam Chandra for respondent nos.2 and 4. The Court : In a suit for partition an application has been filed for appointment of Receiver. The parties to the said proceedings are the Mahapatras and the petitioner so also the respondent nos.2 and 3 are siblings and children of Prabhat Kumar Mahapatra, deceased and Monorama Mahapatra, the respondent no.1 herein. The dispute has arisen because late Prabhat Kumar Mahapatra left behind innumerable immovable properties so also a few companies and it is the ass...
State of Jharkhand and ors. Vs. Bank of Baroda and anr.
Court: Kolkata
Decided on: Sep-13-2013
ORDER SHEET CS No.50 of 1996 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE STATE OF JHARKHAND & ORS.Versus BANK OF BARODA & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :13. h September, 2013. Appearance: Mr.Dhruba Ghosh, Adv.Mr.Binod Kumar Gupta, Adv.The Court: From the report of the Senior Master it appears that the plaintiff no.2 and the defendant no.2 appeared before the Senior Master and none had appeared on behalf of the plaintiff No.1 and defendant no.1. Mr.Binod Kumar Gupta appears and submits that he is instructed to appear on behalf of the plaintiff no.1 and prays for time to disclose documents. The time to file affidavit of documents by the State of Jharkhand as well as Bank of Baroda, the defendant no.2, is extended by two weeks from date. The parties shall complete inspection of the documents before vacation. The plaintiff no.1 shall file the Judges brief of documents on or before 8th of November, 2013. The parties are directed to com...
Drive Engineering Pvt. Ltd. Vs. International Institute of Planning an ...
Court: Kolkata
Decided on: Sep-13-2013
A.P.No.974 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DRIVE ENGINEERING PVT.LTD.Versus INTERNATIONAL INSTITUTE OF PLANNING & MANAGEMENT PVT.LTD.Appearance Mr.K.R.Thakkar, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :13. h September, 2013. The Court : The respondent is not represented despite service. The petitioner relies on the arbitration agreement contained in a deed of lease of April 17, 2009 in this present request under Section 11 of the Arbitration and Conciliation Act, 1996. The petitioner says that disputes and differences have arisen between the parties whereupon the petitioner, by a letter dated March 9, 2013, a copy whereof appears as Annexure-F to the petition, enumerated some of the disputes and called upon the respondent to agree to the petitioners nominee to take up the reference. It must be noticed that the mechanism for securing the constitution of the arbitral tribunal is not recorded in the arbitration agreement...
Ajoy Kumar Saraff and anr. Vs. Sushil Kumar Agarwal
Court: Kolkata
Decided on: Sep-13-2013
ORDER SHEET CS No.43 of 2005 GA No.2618 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AJOY KUMAR SARAFF & ANR. Versus SUSHIL KUMAR AGARWAL BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :13. h September, 2013. Mr.Iqbal Hossain, Adv.Miss S. Kar, Adv..for the plaintiffs. Mr.Amitava Das, Adv.Mr.Debdut Mukherjee, Adv..for the defendant. The Court: This application is at the instance of the plaintiffs. The claims of the plaintiffs were dismissed since the Court was left with no other alternative but to pronounce such order in view of the recalcitrant conduct of the plaintiffs. The earlier Advocate-on-Record expressed despair at the reluctance shown by the plaintiffs to proceed with this suit. He complained that he did not receive any instruction from the plaintiffs. The plaintiffs were given adequate opportunity to appear and proceed with the suit. The plaintiffs in the present application cited medical reasons for not being able to conduct the procee...
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