Kolkata Court September 2013 Judgments
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Anjan Kumar Mitra Vs. the Hon’ble High Court at Calcutta and ors.
Court: Kolkata
Decided on: Sep-09-2013
FORM No.J(2) IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: THE HONBLE JUSTICE ANIRUDDHA BOSE W.P. No.1525 of 2010 Anjan Kumar Mitra Vs. The Honble High Court at Calcutta & Ors. Advocates for the Petitioner: Advocates for the High Court Administration: Judgment on: Mr. Asish Sanyal, Sr, Adv. Mr. Uday Sankar Bhattacharya Mr. Kaushik Mondal Mr. Mr. Mr. Mr. Lakshmi Kumar Gupta Dipayan Choudhury Soumya Mojumdar Souma Bhattacharya 9th September, 2013. ANIRUDDHA BOSE, J.:1. The writ petitioner in this proceeding, who was serving as Deputy Registrar (Court & Judicial) of this Court had applied for the post of Registrar in the Debts Recovery Tribunal (DRT) on 24th March, 2010, which post he intended to serve on deputation basis. He had submitted his application before the Registrar, Original Side on 25th March, 2010, for the purpose of forwarding the same to the concerned officer of the Central Government. This was done, according to the petitioner, in te...
Sanjoy Misra and ors. Vs. Sm. Senhomaye Pandey and ors.
Court: Kolkata
Decided on: Sep-09-2013
ORDER SHEET GA NO.1452 OF 201.WITH CS NO.169 OF 197.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SANJOY MISr.& ORS.Versus SM. SENHOMAYE PANDEY & ORS. BEFORE: The Hon'ble JUSTICE PATHERYA Date :9. h September, 2013. Mr.G.Karfor applicant. The Court : This application has been filed for recall of order dated 16th September, 2013. The application is willfully silent with regard to the date of knowledge of order of dismissal or when inquiry was made. No sufficient ground exists for recall of the order although condonation of delay has been sought. The number of days of delay has also not been stated in the said application. An application was filed on 17th January, 2013 for a certified copy of the order dated 16th September, 2013. Therefore, this application ought to be dismissed but there is definitely laches on the part of the advocate and even assuming there has been laches on the part of the parties, the suit filed is for partition and administration...
Bidyut Kundu Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-09-2013
WP No.902 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BIDYUT KUNDU Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :9. h September, 2013. Appearance: Mr.Supratim Laha, Adv.Mr.Arnab Mondal, Adv.The Court : The petitioner challenges the decision of the West Bengal Housing Board by which the petitioners application seeking a no-objection for transfer of the plot of land has not been considered and, effectively, rejected. The housing board has indicated that no prior permission was accorded to the original lessee by the lessor for sub-dividing the plot or transferring the leasehold rights over the plot in favour of any person. It appears that the transferee of the original lessee assigned the rights on September 30, 2005 in favour of the petitioner, again without obtaining the prior approval of the board. The letter of rejection of March 22, 2013 also observes that an ex post facto approval of the unauthorised tr...
ifci Limited Vs. Sree Metaliks Ltd.
Court: Kolkata
Decided on: Sep-09-2013
ORDER SHEET GA No.2417 of 2012 GA No.2402 of 2012 GA No.1553 of 2013 GA No.1477 of 2013 GA No.3153 of 2012 GA No.1218 of 2013 GA No.225 of 2013 CS No.275 of 2012 CC No.50 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IFCI LIMITED Versus SREE METALIKS LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :9. h September, 2013. Appearance: Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Mr.Sarbapriyo Mukherjee, Advocate S.S.Banerjee, Advocate Pritthiraj Sinha, Advocate R.Bhattacharya, Advocate S.Banerjee, Advocate Saumabho Ghosh, Advocate S.K.Roy, Advocate S.Das, Advocate Debasis Chowdhury, Advocate P.Dutta, Advocate The Court: Mr.Dass application after obtaining tender number will be served upon all the parties. Let affidavits be completed in each of the applications including Mr.Dass application when formalised, according to the following directions:- Affidavit in opposition is to be filed by 27th September, 2013. List all these applications on 13th November, 2013. Affi...
M/S.Power Max India Pvt. Ltd. Vs. B.G.Associates
Court: Kolkata
Decided on: Sep-09-2013
ORDER SHEET C.P.489 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION ORIGINAL SIDE M/S.POWER MAX INDIA PVT.LTD.Versus B.G.ASSOCIATES BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 9th September, 2013. Appearance: Mr.Ranajit Ray, Adv.Mr.Sudhakar Prasad, Adv.The Court: Admittedly, the price of the goods has been paid by the company. Since the transaction was made by way of inter-State sales, the company was statutorily obliged to submit Form-C to avail the concessional rate of tax as a registered dealer. Because of the non-submission of the statutory form, the petitioning creditor was assessed by the authority and shall direct to pay a sum of Rs.1,38,793/- together with penalty and interest of Rs.33,265/-. The petitioning creditor says that to avoid coercive measure, the payment of the aforesaid sum has already been made and the company is liable to reimbuRs.the aforesaid amount. The company appears and admits its laches relating to non-submission of the statutory forms but r...
M/S. Ajanta Footcare [India] Pvt. Ltd. Vs. Srabonti Ghosh
Court: Kolkata
Decided on: Sep-09-2013
ORDER SHEET CS No.148 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.AJANTA FOOTCARE [INDIA].PVT.LTD.Versus SRABONTI GHOSH BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :9. h September, 2013. Appearance: Mr.S.Sen, Advocate. Mr.A.Mondal, Advocate. Mr.L.Mandal, Advocate. Mr.Prabir Chatterjee, Advocate. The Court : The plaintiff has filed a suit for recovery of a sum of Rs.14,44,372.55p in view of alleged breach of distributorship agreement entered into between the plaintiff and the defendant on July 20, 2007. It appears that the defendant has also filed a suit before the Civil Judge, Junior Division being OC No.71/12 against the plaintiff and its Directors after alleged breach of said distributorship agreement. Both the parties have made monetary claims against each other. After hearing the learned Advocate for the parties and considering the nature of the disputes raised in the pleadings, this Court is of the view that the subject matter of bo...
Jaspal Singh Chandhak. Vs. Ashoke K.Poddar
Court: Kolkata
Decided on: Sep-09-2013
ORDER SHEET CS No.994 of 1990 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JASPAL SINGH CHANDHAK. Versus ASHOKE K.PODDAR BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :9. h September, 2013. Appearance: Mr.Kaustav Ch. Das, Adv.Ms.Somali Mukhopadhyay, Adv.Mr.A.Mondol, Adv.Ms.Siddiqua Parveen, Adv.Mr.Deepak Dey, Adv.The Court: Having regard to the nature of the controveRs.involved and this Court being prima facie satisfied that the matter should be referred to a Mediator, which is a duty of the Court under the amended provision of Section 89 of the Code of Civil Procedure, the parties are directed to approach the Member Secretary, High Court Mediation Centre within a week from date for referring the parties to mediation. The Mediator is requested to enter reference upon being served with appropriate notice and shall make all endeavour so that the matter could be resolved through mediation. The suit is pending since 1990 and in my view the nature of the di...
M/S. Keventer Agro Ltd. Vs. M/S. Agr Plantations Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Sep-09-2013
ORDER SHEET GA NO.2403 OF 201.WITH CS NO.281 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.KEVENTER AGRO LTD.Versus M/S.AGR PLANTATIONS PVT.LTD.& ORS. BEFORE: The Hon'ble JUSTICE PATHERYA Date :9. h September, 2013. Mr.A.Mitra, Mr.A.N.Mukherjee, Mr.S.Mukherjeefor petitioner. Mr.J.Kar, Mr.B.Bhattacharya, Mr.S.Senguptafor respondents. The Court : On 14th August, 2013 the respondents were directed to maintain status quo in respect of the shareholding in the respondent no.1. This day, an order dated 26th August, 2013 passed by the Honble Supreme Court of India has been produced whereby EC No.83 of 2007 has been stayed. The parties under the agreement dated 9th February, 2011 are ready and willing to honour their respective obligations thereunder. Accordingly, let the sum of Rs.5 crores to be paid by the petitioner be deposited with Mr.Sourav Sengupta and Mr.Amiya Narayan Mukherjee, advocates, who are appointed as joint Special Officers for rece...
Salish Chandra Lakhotia and anr. Vs. Bengal Free Masians Trust Associa ...
Court: Kolkata
Decided on: Sep-09-2013
ORDER SHEET GA No.2169 of 2013 With CS No.417 of 1997 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SALISH CHANDRA LAKHOTIA & ANR. Versus BENGAL FREE MASIANS TRUST ASSOCIATION BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :9. h September, 2013. Appearance: Mr.R.L.Mitra, Adv.The Court: The plaintiff has instituted the suit against the defendants for damages and setting aside the order of suspension. It appears that the order of suspension passed by the defendants have been set aside by an appropriate forum in the United Kingdom. The suit was dismissed on 11th November, 2010. The order of suspension was set aside by the appropriate forum prior to the dismissal of the suit. It appears that there are some delay on laches on the part of the plaintiff between 2010 and May, 2012. However, considering the fact that the order of recalling would not prejudice the defendant and having regard to the fact that the order of suspension was set aside by the appropriate...
Suraj Karan JaIn Vs. Prem Prakash Gupta and ors.
Court: Kolkata
Decided on: Sep-09-2013
ORDER SHEET GA No.2570 of 2009 GA No.2408 of 2010 CS No.853 of 1987 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SURAJ KARAN JAIN Versus PREM PRAKASH GUPTA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :9. h September, 2013. Appearance: Ms.Piyali Sengupta, Advocate Mr.Tapas Kumar, Mondal, Advocate for the petitioner Mr.S.Talukdar, Sr.Advocate Mr.A.Chowdhury, Advocate for the respondents The Court: By consent of the parties, I dispose of this application (GA No.2570 of 2009) in terms of orders as prayed for on the condition that the Registry will retain photocopies of the deeds of conveyance and that on each page or sheet of those deeds of conveyance, the Registry will certify that it is a true copy of the original. The word examine. in the prayer will be read as examination. and the phrase relied by the plaintiff/petitioner herein and submitted by him before this Honble court. will be understood as produced before this Court.The photocopying will...
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