Kolkata Court September 2013 Judgments
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Sushila JaIn Vs. Sumati Chand Dakalia and ors
Court: Kolkata
Decided on: Sep-09-2013
1 ORDER SHEET GA No.2666 of 2013 APOT No.414 of 2013 CS No.252 of 2007 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SUSHILA JAIN Versus SUMATI CHAND DAKALIA & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :9. h September, 2013. Appearance: Mr.Swapan Kr. Mallick with Mr.J.K. Sanwarwala, ld. Advocates For the appellant. Mr.Ranjan Deb, Sr.Advocate with Mr.Deepak Jain, ld. Advocates For the respondent. Mr.R.K. Khanna, ld. Advocate For the respondent nos.7 and 8. The Court :- Respondent nos.1 to 5 entered into an agreement for sale with respondent Nos.7 and 8, inter-alia, for purchase of premises Nos.100A and 100B of Kabi Sukanta Sarani, Kolkata-83. The property was tenanted. The appellant, Sushila Jain claims to be the tenant in respect of a portion of the property. She also claiMs.she had permission to sublet her tenancy to various subtenants with the knowledge and consent of the landlord. As and by way of interim arra...
Dhananjoy Jasrapuria and ors Vs. Vedic Tracom Pvt Ltd
Court: Kolkata
Decided on: Sep-09-2013
1 ORDER SHEET GA No.2676 of 2013 APOT No.429 of 2013 AP No.431 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DHANANJOY JASRAPURIA AND ORS Versus VEDIC TRACo.PVT LTD BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :9. h September, 2013. Appearance: Mr.Ahbijit Roy, Mr.Biswanath Chatterjee And Mr.Sobhan Pathak, Advocates For the appellant. Mr Kajal K. Dutta with Mr.Sourav Mukherjee And Mr.Sandip Joshi,ld Advocates For the respondent. The Court :- Parties approached the learned Single Judge with an application under section 11 of the Arbitration and Conciliation Act, 1996. couRs.of hearing of the application, His In Lordship found, the agreement itself was not properly stamped. His Lordship impounded the same and asked the Registrar of Assurance to do the needful. The Registrar of Assurance declined to act upon the request made by the Registrar, Original Side of this Court on the ground, it was beyond the stipulated pe...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-09-2013
ORDER SHEET CP 45.OF 201.IN THE HIGH COURT AT CALCUTTA Original Jurisdiction RE: RNJ OILS & FATS PVT.LTD.AND PARAKH AGRO INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :9. h September, 2013. Appearance : Mr.Riju Ghosal, Adv.The Court : Despite the service, there is no appearance on behalf of the company. Pursuant to the purchase order dated 08.02.2011, the petitioner supplied packaging materials to the company and raised the invoice at the agreed rate. The purchase order expressly indicates that the payment would be made within sixty days from the date of the invoice. The company failed to pay the price of the goods supplied in terms of the purchase order. The statutory notice under sections 433 and 434 of the Companies Act is duly served on the company which is not replied. The petitioner claims a principal sum of Rs.5,11,929 together with an interest @ 18% per annum. Despite the service of the winding up petition the company is not represented which raises the presumpt...
Smt. Pratibha Chamria Vs. M/S. Lipton India Ltd. and ors.
Court: Kolkata
Decided on: Sep-09-2013
ORDER SHEET GA No.2304 of 2013 CS No.1018 of 1990 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. PRATIBHA CHAMRIA Versus M/S.LIPTON INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date:9. h September, 2013 Mr.Arindam Mukherjee, Adv.with Mr.K.K. Boral, Adv..for the petitioner Mr.O.P. Dubey, Adv..for the respondent nos.2, 3 & 4 Mr.Deepak Kumar Jain, Adv..for the respondent nos.5 & 6 Mr.Pradip Ghosh, Adv.Receiver In a suit for eviction, this application has been filed for interim reliefs. The receiver was appointed by order dated 23rd December, 1992 to collect rent in respect of the premises at 9, Western Street, Kolkata along with municipal rates and taxes while rent has been paid till February, 2003 i.e.even after filing of the suit in 1990 for the balance period, rents remain outstanding. Municipal rates and taxes has also not been paid by the Income Tax department which by virtue of Section 269UD has purchased the unexpired lease period from...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-06-2013
ORDER SHEET C.A.301 of 2013 With C.A.1053 of 2011 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION IN THE MATTER OF: MONO HERBICIDES LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date:6. h September, 2013. Appearance: Mr.S.N.Mukherjee, Sr.Adv.Mr.D.Sharma, Adv.The Court: In a proceeding arising out of a scheme of amalgamation an order was passed on 1st December, 2011, for advertisements being published in the newspapeRs.The aforesaid order was modified on 23rd December, 2011. Following the said ordeRs.meetings of the equity share-holders of the applicant company were held and convened at the Associations of Corporate Advisory and Executive Board, Lions Range, 3rd Floor, Unit 2, Kolkata-700001. Such meetings were held under the supervision of the Chairpersons duly appointed under the order dated 1st December, 2011. The Chairpersons thereafter prepared their reports. The said meetings were held on 7th January, 2012. The Chairpersons have duly affirmed an affidavit on 9th January, 20...
Anjan Kumar Goswami Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Sep-06-2013
ORDER SHEET WP No.694 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ANJAN KUMAR GOSWAMI Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :6. h September, 2013. Appearance : Mr.Sandeep Bhattacharya, Advocate. Ms.Anjali Agarwal, Advocate. Mr.Sourabh Sengupta, Advocate. for the petitioner. Mr.Gopal Chandra Das, Advocate. MRS.Era Ghosh, Advocate. MRS.Suvasree Ghosh, Advocate. for the KMC Mr.Indranil Roy, Advocate. Mr.Aniket Mitra, Advocate. Mrs.Suparna Saha, Advocate. for the respdt. Nos.4 to 10. The Court : Let the supplementary affidavit filed by the petitioner be kept with the record and the same be treated as part of the writ petition. Let it be recorded that a copy of the said supplementary affidavit has been served upon the learned Advocateon-Record of the petitioner. Premises No.40, Ramakanta Bose Street, Kolkata-700 003 is a property belonging to the Public Trust, namely, Mandir Sr.Govind De...
Vikash Metal and Power Ltd. Vs. S.S.Raisers Pvt. Ltd.
Court: Kolkata
Decided on: Sep-06-2013
AP No.938 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE VIKASH METAL & POWER LTD.-VersusS.S.RAISERS PVT.LTD.Appearance: Mr.Joydeep Kar, Adv.Mr.Rudraman Bhattacharyya, Adv...for the petitioner. Mr.Reetobroto Mitra, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 6, 2013. The Court : The petitioner challenges an order passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 that directs the petitioner to make payment of a sum of Rs.4 crore along with costs of Rs.5 lakh subject to further adjudication in the arbitral reference. It is the undisputed position that a reference relating to the petitioner Industrial and company Financial is pending Reconstruction before under the the Board for provision of Sick Industrial Companies (Special Provisions) Act, 1985. The bar under Section 22 (1) of the Act will apply to all proceedings save to the extent that arbitral references...
Ms. Chirarekha Sharma Vs. Kolkata Municipal Corporation
Court: Kolkata
Decided on: Sep-06-2013
ORDER SHEET WP No.666 of 2013 GA No.2513 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Ms.CHIRAREKHA SHARMA Versus KOLKATA MUNICIPAL CORPORATION BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :6. h September, 2013. Appearance : Mr.Sakya Sen, Advocate. Mr.Ranajit Chowdhury, Advocate. for the petitioner Mr.Sujoy Mondal, Advocate. for the respdt. Nos.1 to 4. Mr.Jiban Ratan Chatterjee, Advocate. Mr.Kaushik Dey, Advocate. for the added-party. The Court : A part of the Premises No.7, Burtolla Street, Kolkata-700 Authority. 007, has already been demolished by the Municipal The Municipal Authority also attempted to demolish the other part of the said building as, according to the Municipal Authority, the said part of the building was in a dilapidated condition. The said action of the challenge in this writ petition. Municipal Authority is under In such application a proceeding, praying for the their applicants addition by have filed alleging t...
Titagarh Wagons Ltd Vs. Rsk Logistics and Trading Gmbh and anr
Court: Kolkata
Decided on: Sep-06-2013
ORDER SHEET APOT NO.394 OF 201.GA NO.2463 OF 201.AP NO.709 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TITAGARH WAGONS LTD Versus Rs.LOGISTICS AND TRADING GMBH AND ANR BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :6. h September, 2013. Appearance : Mr.Jishnu Saha, Advocate Mr.Amitesh Prosad Roy, Advocate Mr.Rajesh Upadhyay, Advocate for the appellant. Mr.Sudhakar Prasad, Advocate for the respondent no.2. The Court : The facts are somewhat peculiar. The parties being the appellant and the respondent no.1 had claims and cross-claiMs.At the initial stage, parties invoked Section 9 of the Arbitration and Conciliation Act, 1996. When the appellant approached, the learned single Judge, considering the claims and cross-claiMs.asked the appellant to deposit certain sums of money to show their bona fide. Accordingly, the appellant complied with the direction by depositing US$ 600,000.00. The respondents w...
Virendra Kumar Agarwala and ors. Vs. Shree Shree Sitaram Jew and ors.
Court: Kolkata
Decided on: Sep-06-2013
ORDER SHEET APO NO.149 OF 201.GA NO.2525 OF 201.CS NO.459 OF 198.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE VIRENDRA KUMAR AGARWALA & ORS.Versus SHREE SHREE SITARAM JEW & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :6. h September, 2013. Appearance : Mr.Ranjit Kumar Jaiswal, Advocate Mr.Ujjal Kumar Das, Advocate for the appellant. Mr.Bhaskar Mukherjee, Advocate Ms.Debjani Ghosh, Advocate for the respondent nos.8(a) and 72. Mr.Anindya Kumar Mitra, Senior Advocate Mr.Abhrajit Mitra, Advocate Mr.Jishnu Chowdhury, Advocate Mr.Soumya Roy, Advocate Mr.Rajesh Upadhyay, Advocate Mr.Chayan Gupta, Advocate Mr.Arnab Sardar, Advocate Mr.Sandip Das Gupta, Advocate for the respondent no.1. Mr.R.L.Mitra, Advocate for Rubi Ganguly. Mr.Paritosh Sinha, Advocate for the respondent no.18. The Court : This an application for recording the death of some of the parties. The death of the appellant no.1 and respondent nos...
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