Kolkata Court September 2013 Judgments
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Makhanlal Biswas Vs. Sm Shyamali Biswas
Court: Kolkata
Decided on: Sep-10-2013
1 ORDER SHEET G.A.No.2649 of 2013 APOT No.423 of 2013 PLA No.185 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE IN THE GOODS OF : SWARNALATA BISWAS (Dec.) MAKHANLAL BISWAS -vsSM SHYAMALI BISWAS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :10. h September, 2013. Appearance: Mr.Samrat Sen, Mr.Sakya Sen and Mr.P.C. Palchowdhury, ld. Advocates For the appellant. Mr.T.K. Mitra and Mr.F.Ghaffar Ld. Advocates for the respondent. The Court :- The appeal is delayed by 17 days. Causes shown being sufficient, delay is condoned. The appeal is taken up for hearing. In a probate proceeding the appellants want to contest the same. They want to lodge a caveat and file affidavit in support of the caveat. An application was made on behalf of one Makhanlal Biswas. Subsequently, another party, namely, Sutapa Ganguli joined him. The learned Judge dismissed the application. Hence, this appeal by both of them. Mr.strenuously Tapan Mit...
L and T Finance Ltd. Vs. Chandeswar Sahu and anr.
Court: Kolkata
Decided on: Sep-10-2013
AP No.867 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.-VersusCHANDESWAR SAHU AND ANR. Appearance: Mr.Aniruddha Mitra, Adv...for the petitioner. Mr.Soumya Roy, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 10, 2013. The Court : The fiRs.respondent is represented, but the second respondent is not. The petitioner claims that a sum in excess of Rs.10.214 lakh is due upon the termination of the agreement including a sum in excess of Rs.4.63 lakh on account of defaulted instalments as at the date of the institution of the petition. According to the petitioner, the present defaulted amount adds up to about Rs.5.7 lakh. There will be an order in terms of prayer (b) of the petition which will, however, not prevent the respondents from using the asset described at paragraph 5 of the petition in the usual couRs.of business. Ms.Priyanka S. Tibrewal, Advocate is appointed receiver for the purpose...
Oais Auto Financial Services Ltd. Vs. Impressia Imaging Pvt. Ltd.
Court: Kolkata
Decided on: Sep-10-2013
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.908 of 2013 OAIS AUTO FINANCIAL SERVICES LTD.Versus IMPRESSIA IMAGING PVT.LTD.& AP No.909 of 2013 OAIS AUTO FINANCIAL SERVICES LTD.Versus QUADTECH GRAFIKS (I) PVT.LTD.& AP No.910 of 2013 OAIS AUTO FINANCIAL SERVICES LTD.Versus IMPRESSIA IMAGING PVT.LTD.Appearance Mr.J.Chowdhury, Adv.Mr.S.N.Pandey, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :10. h September, 2013. The Court : These three matters are connected and it is accepted by the appearing parties that the respondent companies are part of the same group. The petitioning finance company claims that seven luxurious cars were obtained on finance by the respondents of which four now remain with the respondents and the respondents have neither made payment in terms of the agreements nor disclosed the whereabouts of the caRs.Previous petitions under Section 9 of the Arbitration and Conciliation Act, 1996 in respect of these agreements were di...
Faiz Ahmed Vs. the Board of Trustees for
Court: Kolkata
Decided on: Sep-10-2013
ORDER SHEET GA No.2642 of 2013 WP No.549 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE FAIZ AHMED Versus THE BOARD OF TRUSTEES FOR THE PORT OF KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date:10. h September, 2013 Mr.Ramanand Agarwal, Adv.with Ms.Nibedita Pal, Adv.Mr.Ramesh Dhara, Adv..for the petitioner Mr.D.R. Mukherjee, Adv..for the Port Trust This writ petition was presented on 11th June, 2013 seeking, inter alia, the following interim reliefs: (f) An interim order of injunction be passed restraining the respondent authorities from handing over the petitioners adjacent godown to the alleged tenderer or any other party without allowing the petitioner to shift therein; and (g) Stay of operation of the order dated 10th May, 2013. While hearing the writ petition for the fiRs.time, a learned Judge of this Court by order dated 27th June, 2013 directed maintenance of status quo as regards possession in respect of the land in question til...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-10-2013
ORDER SHEET GA No.2705 of 2013 PLA No.292 of 2012 IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF : JIBENDRA NATH BISWAS (DEC) AND IN THE MATTER OF : SMT. LAGNAJITA SAHA AND SWADESH GHOSH & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :10. h September, 2013. Mr.Mr.Mr.Mr.Mr.Mr.Mr.S.K.Kapoor, Sr.Adv.Arindam Sinha, Adv.Suman Dutt, Adv.Sukrit Mukherjee, Adv.Soumabho Ghose, Adv.D.Mukherjee, Adv.S.Abedin, Adv.for the petitioner The Court : This application has been filed for revocation of grant of probate to the estate of Jibendra Nath Biswas. Jibendra Nath Biswas died on 5th November, 1991 leaving behind surviving his widow and two sons. In October, 2012 PLA 29.of 2012 was filed for grant of probate of the last will and testament of the testator dated 4th November, 1991. The said application for grant was filed by the respondent No.2 and the beneficiary thereunder is the respondent No.1. Consent affidavits were executed by the respondent ...
Saubhagya Builders Pvt Ltd and anr Vs. Srei Equipment Finance Pvt Ltd
Court: Kolkata
Decided on: Sep-10-2013
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO NO.240 OF 201.AP NO.1045 OF 201.AND APO NO.241 OF 201.AP NO.1066 OF 201.SAUBHAGYA BUILDERS PVT LTD & ANR Versus SREI EQUIPMENT FINANCE PVT LTD BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :10. h September, 2013. Appearance : Mr.Sabyasachi Sen, Advocate Mr.Debdut Sen, Advocate for the appellant. Mr.Swatarup Banerjee, Advocate for the respondent. The Court : Pursuant to our earlier order, payment of Rs.10 lakhs was made. As of date, Rs.9,35,400/- is the arrear instalment. Mr.Sabyasachi Sen appearing for the appellants wishes to clear it off by six equal monthly instalments. He also undertakes to go on making payment of the current instalment from September 2, 2013. Mr.Swatarup Banerjee appearing for the respondent would contend, the amount mentioned by Mr.Sen would be the principal amount. Since the appellants did not pay the instalments within t...
Aurobindo Ghosh Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Sep-10-2013
ORDER SHEET WP No.906 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AUROBINDO GHOSH Versus COAL INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date:10. h September, 2013 Mr.Aryak Dutta, Adv.with Mr.R.N. Barik, Adv..for the petitioner Mr.Krishnendu Bhattacharya, Adv.with Mr.Partha Sarathi Mondal, Adv..for the respondents The petitioner was chargesheeted and an Inquiry Officer was appointed to enquire into the charges. Although inquiry before the Inquiry Officer was concluded on 19th July, 2011, the Inquiry Officer attained the age of superannuation and retired from service without submitting the inquiry report. The disciplinary authority upon noticing such fact has issued an office order dated 21st June, 2013 directing that inquiry against the petitioner in respect of the chargesheet issued against him shall be conducted afresh. The petitioner is aggrieved by such order and has presented this writ petition for diveRs.reliefs. I have...
Madanlal Brijlal Private Limited and anr. Vs. the Kolkata Municipal Co ...
Court: Kolkata
Decided on: Sep-10-2013
ORDER SHEET WP No.677 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MADANLAL BRIJLAL PRIVATE LIMITED & ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :10. h September, 2013. Appearance : Mr.Partha Sarathi Sengupta, Advocate. Mr.Arindam Banerjee, Advocate. Ms.Sutapa Dutta, Advocate. Ms.Sulagna Mukherjee, Advocate. for the petitioneRs.Mr.Farook M. Razack, Advocate. Mr.Monoj Malhotra, Advocate. Ms.Priyanka Bhutoria, Advocate. for the respdt. Nos.8, 9 and 10. Mr.Biswajit Mukherjee, Advocate. Mr.Debangshu Mondal, Advocate. for the KMC Mr.Soumya Majumdar, Advocate. Mr.Jayanta Dutta, Advocate. for the added-respdt. no.11 The storeyed after Court : The building obtaining Corporation. a at petitioners Premises sanctioned No.plan were 23, from constructing Circus the Avenue, Kolkata a multiKolkata, Municipal In couRs.of such construction, they constructed an underground water reservoir adjacen...
State of West Bengal Vs. Afcons Pauling (India) Limited
Court: Kolkata
Decided on: Sep-10-2013
ORDER SHEET Sheet No A.P.No.346 of 2005 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE In the matter of: STATE OF WEST BENGAL versus AFCONS PAULING (INDIA) LIMITED BEFORE: The Honble Justice INDIRA BANERJEE. Date:10. 09.2013 JUDGMENT This application under Section 34 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the 1996 Act, is for setting aside an award dated 19 th September, 2005 passed by the Arbitral Tribunal awarding in favour of the respondent a sum of Rs.7,36,80,440/- with interest at the rate of 12% per annum. The respondent claimant is engaged in the business of execution of civil engineering construction work for different departments of the Central and State Governments as well as public sector undertakings. The State of West Bengal being the petitioner was granted loan assistance by the Asian Development Bank under the second road improvement project, which is known as the Asian Development Road Project. Pursuan...
Ajay Kumar Agarwal Vs. Green Concretex Global Ltd
Court: Kolkata
Decided on: Sep-10-2013
ORDER SHEET GA NO.2685 OF 2013 APOT NO.432 OF 2013 CS NO.286 OF 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE AJAY KUMAR AGARWAL Versus GREEN CONCRETEX GLOBAL LTD BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date : 10th September, 2013. Appearance : Mr.S.N.Mookherjee, Senior Advocate Mr.Joyjit Ganguly, Advocate Mr.Prodeep Sancheti, Advocate Ms.Ankita Mukherjee, Advocate Mr.Basudeb Biswas, Advocate for the appellant. Mr.Ratnanko Banerji, Advocate Mr.Siddharta Banerjee, Advocate Mr.Suchayan Banerjee, Advocate for the respondent. The Court : In 2013 if the Courts would not rise to the occasion taking a pragmatic approach particularly in commercial matters putting the niceties of law in the back-sheet, it would be travesty of justice. The facts would depict, the respondent was involved in manufacturing and selling concrete mixtures. While preparing so, they took supply of cement from the appellant. The comple...
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