Kolkata Court September 2013 Judgments
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M/S. Surveillance Engineering Co. Pvt. Ltd. Vs. Ircon Employees Cooper ...
Court: Kolkata
Decided on: Sep-06-2013
AP No.970 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.SURVEILLANCE ENGINEERING Co.PVT.LTD.Versus IRCo.EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :6. h September, 2013. Appearance: Mr.B.B. Sarkar, Adv.Ms.Iti Dutta, Adv.Mr.Arup Chatterjee, Adv.Ms.Priti Jain, Adv..for the petitioner Mr.Kamal Krishna Pathak, Adv.Ms.Souvik Maji, Adv..for the respondent The Court : The petitioner makes a request for an arbitrator to be appointed in accordance with the arbitration clause contained in the agreement governing the parties. There is no dispute that the respondent is a co-operative society governed by the West Bengal Co-operative Societies Act, 2006. The respondent says that in view of Section 102(1)(d) of the said Act that provides for the exclusive manner of settlement of disputes, no other mechanism for the resolution of the disputes between the parties can be resorted to. The submission of the res...
Suntrack Commerce Pvt.Ltd. Vs. Prodyut Kumar Mondal
Court: Kolkata
Decided on: Sep-06-2013
GA No.596 of 2013 CS 23.of 2006 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE SUNTRACK COMMERCE PVT.LTD.Versus PRODYUT KUMAR MONDAL BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :6. h September, 2013. For the petitioner : Mr.S.Deb, Advocate Mr.P.Banerjee,Advocate Mr.P.K.Chandra,Advocate Mr.Joydeep Kar,Advocate appeaRs.Mr.Satarup Banerjee,Advocate appeaRs.The Court :- This application is at the instance of defendant Nos.2,3 and 4 for setting aside or recalling of an ex parte decree dated 9th September,2010. The said defendants are Advocates practising in the learned District Judges Court at Barasat. The case made out by the said defendants in the application for recalling of the decree is that there is no privity of contract between the plaintiff and the said defendants and they were only confirming parties in the agreement for sale dated 22nd March,2006 prepared and entered into between the plaintiff and the defendant No.1. The petitioners stated that the petitioners were proceeding on the...
Finance Corporation Limited Vs. Uco Bank
Court: Kolkata
Decided on: Sep-06-2013
ORDER SHEET GA No.2390 of 2013 With CS No.169 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE WEST BENGAL INFRASTRUCTURE DEVELOPMENT FINANCE CORPORATION LIMITED Versus UCO BANK BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :6. h September, 2013. Appearance: Mr.S.N.Mookerjee Sr.Adv.Mr.Tilok Bose, Sr.Adv.Ms.Vineeta Meharia, Adv.Mr.Asoke Kumar Dhar, Adv.Mr.Anil Dhar, Adv.Ms.Anindita Sen, Adv..for the petitioner. Mr.Sabyasachi Chowdhury, Adv.Mr.Rajarshi Dutta, Adv.Mr.Sourjya Roy, Adv..for the respondent. The Court: In this application, the petitioner has prayed for appointment of a Receiver over and in respect of a sum of Rs.37 crores and any other sum which may be lying in account no.08070210000496 at the Circus Avenue Branch of the respondent. The short case as made out in the petition is that the petitioner from the market obtained loans on the basis of bonds issued which are duly approved by rating agencies and in order to secure redemption of the...
Ashish Seal Vs. Trustees, Trust Estate of Mutty Lall Seal and ors.
Court: Kolkata
Decided on: Sep-06-2013
ORDER SHEET GA NO.2632 OF 201.APO NO.450 OF 201.ATA NO.10 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ASHISH SEAL Versus TRUSTEES, TRUST ESTATE OF MUTTY LALL SEAL & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :6. h September, 2013. Appearance : Mr.Rajarshi Dutta, Advocate Mr.Arnab Dutta, Advocate for the appellant. Mr.Aniruddha Mitra, Advocate for the respondent no.2. Mr.Amarnath Das, Advocate for the respondent no.6. Mr.Kaushik Dey, Advocate for the respondent nos.1,3,4,5,7,8,9 and 10 The Court : The Division Bench disposed of the appeal by judgment and order dated May 16, 2013 whereby we asked Brojo Lall Group to hold a meeting to find out the senior most member of the family and nominate him in the Board of Trustees. The present application has been made by one Pasupati Lall Seal, inter alia, claiming, he was appointed by Brojo Lall Group. However, the Board of Trustees is not recognising...
M/S. Nath Construction Represented by Itâs Sole Proprietor Sushil ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Sep-06-2013
S. Coari, Member: The present appeal has been directed against the judgement and order dated 25.01.2012 passed by Ld. District Forum, Hooghly in CC/115/2010 wherein Ld. District Forum allowed the petition of complaint in part on contest but without cost thereby directing the O.P. to execute and register the sale deed in respect of the Complainant in kha schedule property mentioned in the petition after taking balance consideration of money of Rs.50,000/- and in default, provide a similar flat in the locality to the petitioner along with a further direction to the O.P. to deliver possession of the Kha schedule property mentioned in the schedule area a similar flat as prayed for by the petitioner. The O.P. was further directed to pay Rs.10,000/- to the Complainant as compensation for agony and harassment. The case of the Complainant Respondent before the Ld. District Forum, in brief, was that the Complainant entered into an agreement with the O.P. for the purpose of purchasing a flat in...
Bunge London Ltd. Vs. R. Piyarelall and Exports Ltd.
Court: Kolkata
Decided on: Sep-05-2013
TA No.86 of 2013 EC No.311 of 2013 With EC No.312 of 2013 TA No.85 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION Bunge London LTD.Versus R. Piyarelall And Exports LTD.Before: The Hon'ble Justice I.P.MUKERJ.Date:5. h September 2013 Appearance: Mr.P.K. Ghosh, Sr.Advocate Mr.T.K. Bose, Sr.Advocate Mr.Jishnu Saha, Advocate The Court: The award-holder, being the petitioner in each of the execution applications, seeks to enforce two foreign awards in his favour. The fiRs.is equivalent to Rs.3,80,76,515.17 on the principal claim and Rs.40,01,397.68 on account of costs (EC No.312 of 2013).The other award in terms of principal claim is Rs.9,72,80,503.46 and Rs.42,67,198.84 on account of costs (EC No.311 of 2013).On 29th August 2013 each of the above execution applications was moved when this Court passed an order in terms of prayer (a) limited till 6th September 2013 and also an order in terms of prayer (b) of the tabular statement. There is a minor mistake in the orders dated 29t...
Tapan Bhattacharya and ors. Vs. the Kolkata Municipal Corporation and ...
Court: Kolkata
Decided on: Sep-05-2013
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Jyotirmay Bhattacharya W.P.No.781 of 2012 Tapan Bhattacharya & ORS.-VsThe Kolkata Municipal Corporation & ORS.W.P.No.842 of 2012 Carmel Jyoti Nilaya -VsState of West Bengal & ORS.W.P.No.865 of 2012 Tapan Bhattacharya & ORS.-VsThe Kolkata Municipal Corporation & ORS.Appearance: Mr.Jayanta Kumar Mitra, Senior Advocate Mr.Partha Sarathi Sengupta, Senior Advocate Ms.Vineeta Meharia, Advocate Mr.Mainak Bose, Advocate Mr.Pushan Kar, Advocate Ms.Tapti Chatterjee, Advocate Mr.Santanu Chatterjee, Advocate Mr.Aniruddha Sinha, Advocate ..For the petitioners Mr.Pradip Dutta, Senior Advocate Mr.Subrata Mukherjee, Advocate Mr.Somnath Banerjee, Advocate .For the State Mr.Barin Banerjee, Advocate Md.Fazlul Haque, Advocate Mr.Debanshu Mondal, Advocate .For the KMC Mr.Kishore Datta, Advocate Ms.Paramita Mukhopadhyay, Advocate for the respondent No.13 in WP 86.of 2012 .for the respondent no.11 in WP ...
Mahesh Kumar Kejriwal Vs. Ramesh Kumar Kejriwal and ors.
Court: Kolkata
Decided on: Sep-05-2013
ORDER SHEET CS No.313 of 2009 GA No.2605 of 2013 With CS No.312 of 2009 GA No.2607 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAHESH KUMAR KEJRIWAL Versus RAMESH KUMAR KEJRIWAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :5. h September, 2013. Appearance: Mr.Sabyasachi Chowdhury, Adv.Mr.Asim Kr. Kundu, Adv.Mr.Jishnu Choudhury, Mr.Sarbapriyo Mukherjee, Mr.S.R.Kakrania, Mr.Suman Adhikary, Mr.Sanjeeb Seni, Adv.Adv.Adv.Adv.Adv.Mr.Kaushik Banerjee, Adv.Ms.Falguni Jana, Adv.The Court: This is a litigation between two brothers arising out of a family settlement. The father is also a party to the said proceeding. The parties have carried dispute to the Company Law Board as well as a suit has been filed by one of the parties in this Court. The defendant is in default in complying with the order dated 4th August, 2011 little over two yeaRs.An application has been filed for condonation of delay in filing the written statement. Considering the na...
Mr. Suraj Chetia and anr Vs. Srei Equipment Finance Private Limited
Court: Kolkata
Decided on: Sep-05-2013
1 ORDER SHEET G.A.No.2577 of 2013 APOT No.416 of 2013 AP No.1006 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Mr.SURAJ CHETIA & ANR Versus SREI EQUIPMENT FINANCE PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :5. h September, 2013. Appearance: Mr.Mainak Bose with Mr.Somnath Das Ld. Advocates for the appellant. Mr.Satarup Banerjee, ld. Advocate For the respondent. The Court :- The learned Judge found, Rs.39 lac is still due and payable apart from the current instalments. His Lordship asked the appellant to pay at least Rs.20 lac. The appellant feels aggrieved hence, has approached us. We have heard Mr.Mainak Bose, learned Counsel appearing for the appellant. We have also heard Mr.Satarup Banerjee, learned Counsel appearing for the respondent financier. From the tenor of the rival contentions it appeaRs.payments are not in dispute. The appellant would contend, the financier is adjusting the sum in t...
Habli Das and ors Vs. Kedar Nath Das and ors
Court: Kolkata
Decided on: Sep-05-2013
1 ORDER SHEET G.A No.2492 of 2013 G.A.No.2493 of 2013 APDT No.8 of 2013 CS No.429 of 1990 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE HABLI DAS & ORS Versus KEDAR NATH DAS & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE MRINAL KANTI CHAUDHURI Date :5. h September, 2013. Appearance: Mr.Rudra Narayan Chowdhury, Mr.Tanmoy Chakraborty and Mr.C.Dutta, ld. Advocate For the respondent. The Court :- At the preliminary stage this Division Bench had the opportunity to deal with this issue. By order dated January 14, 2013 the Division Bench disposed of APO No.492 of 2005 by expediting the hearing of the pending application for substitution as well as for exception to the Commissioners report. The learned Single Judge now disposed of the pending application by the judgment and order dated June 17, 2013. The appellant being aggrieved, has now come up to challenge the said order. The appeal is delayed by 3 days. Causes being sufficient, delay is condoned. ...
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