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Kolkata Court September 2013 Judgments

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Sep 04 2013

The Branch Manager Punjab National Bank, Purba Medinipur Vs. Santi Cem ...

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Decided on: Sep-04-2013

Mridula Roy, Member: This revisional application has been directed against the impugned order dated 04.09.2012 passed Ld. District Forum, Purba Medinipur in CC Case No. 11/2011 wherein the Ld. District Forum rejected the amendment application dated 17.07.2012 filed by O.P. No. 1 on contest fixing 13.09.2012 for hearing of the case. Being aggrieved and dissatisfied with the order impugned the O.P. No. 1 - Punjab National Bank, Taparpara Branch has filed the instant revision application. The case of the Complainant in a nutshell is that the Complainant in order to earn his livelihood runs a business of cement including cement product and hardware materials through a shop and a factory which have been hypothecated to the O.P. No. 1 Bank and insured by O.P. No. 2 Insurance Company. The Complainant states that on 17.06.2008, 18.06.2008 and 19.06.2008 a devastating flood broke out in his locality due to torrential rain on those days for which all his stocks were washed out. The Complainant...


Sep 03 2013

Srei Equipments Finance Pvt. Ltd. Vs. Sarth Engineering and Constructi ...

Court: Kolkata

Decided on: Sep-03-2013

AP No.244 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENTS FINANCE PVT.LTD.-VersusSARTH ENGINEERING AND CONSTRUCTION PVT.LTD.Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 3, 2013. The Court : The respondents are not represented despite service of notice. The petitioners say that a sum in excess of Rs.1.96 crore is due in terms of the agreement, after adjusting the proceeds from the sale of the asset that was veritably surrendered by the respondents to the petitioner. It is the petitioners case that the respondents did not offer any resistance when the agents of the petitioner went to repossess the asset covered by the agreement. The petitioner says that unless an order in the nature attachment before judgment is made, the nothing in petitioner the body would of be the seriously petition prejudised. demonstrates However, that the respondents are seeking to fr...


Sep 03 2013

Limited Vs. M/S. Classic Super Construction and

Court: Kolkata

Decided on: Sep-03-2013

AP No.541 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusM/S.CLASSIC SUPER CONSTRUCTION & ORS.Appearance: Mr.Utpal Bose, Adv.Mr.S.K.Tiwari, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 3, 2013. The Court : The respondents are not represented despite service and despite service of the order dated August 6, 2013. The order dated August 6, 2013 noticed the receivers report that one of the assets covered by the agreement remains parked at a service station for more than 240 days without the parking charges or ground rent being paid. apparently lies abandoned at Khurda Road. The other asset The petitioner was directed to forward copies of the order to the respondents for them to show cause as to why the receiver should not be directed to take possession of the assets and sell them. Despite due receipt of copies of the order dated August 6, 2013, the respondents a...


Sep 03 2013

Smt. Sona Rani Sardar Vs. Board of Trustees for the Port of Calcutta a ...

Court: Kolkata

Decided on: Sep-03-2013

ORDER SHEET WP No.837 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. SONA RANI SARDAR Versus BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date:3. d September, 2013 Mr.Hiranmay Bhattacharyya, Adv.with Mr.Sounak Bhattacharyya, Adv..for the petitioner Mr.Pradip Roy, Adv.with Mr.Debamitra Adhikari, Adv..for the respondents The petitioner claims to be the widow of Kachiram Sardar, an ex-employee of Kolkata Port Trust who passed away on 29th December, 2004. It is her grievance that the retiral dues of late Kachiram Sardar have not been released in her favour despite several requests in this regard. Mr.Bhattacharyya, learned advocate for the petitioner prays for a direction on the respondents to release the dues at an early date. Mr.Roy, learned advocate for the respondents submits that deceased had another wife viz. Patal Sardar and that the name of the son born in the wedlock of late Kachiram Sardar an...


Sep 03 2013

Capt. Jai Kumar Verma and Others Vs. Great Ocean Enterprise S.a and An ...

Court: Kolkata

Decided on: Sep-03-2013

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Subhro Kamal Mukherjee And The Honble Justice Asim Kumar Mondal September 3, 2013 APO 24.of 2013 AS 5 of 2010 Capt. Jai Kumar Verma and others versus Great Ocean Enterprise S.A and another Mr.Amitesh Banerjee, Mr.K.Mallick, Mr.Sudhakar Prasad For the appellants Mr.Tilak Bose For the respondents The Court :- Upon deposit of a sum of Rs.50,000/- (Rupees fifty thousand) as Courtfees the department is directed to treat the application being G.A.No.3154 of 2012 filed in A.S.No.5 of 2010 as a plaint. The appellants are directed to make payment of a total sum of Rs.50,000/- (Rupees fifty thousand) on account of Court-fees, as the claim arises out of the same act/acts against the common defendant. The respondents herein would be entitled to file an objection in the form of an affidavit to the application being G.A.No.3154 of 2012, which will be treated as the defence and/or written statement w...


Sep 03 2013

Tarun Kumar Ghose and ors. Vs. the Credit Union Cooperative Enterprise ...

Court: Kolkata

Decided on: Sep-03-2013

ORDER SHEET GA No.2372 of 2013 With CS No.771 of 1981 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TARUN KUMAR GHOSE & ORS.Versus THE CREDIT UNION CO-OPERATIVE ENTERPRISES LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :3. d September, 2013. Appearance: Mr.Ranjan Deb Sr.Adv.Mr.Asish Chakraborty, Adv.Mr.Joyok Gupta, Adv.The Court: The suit was adjourned from time to time to enable the parties to arrive at a settlement. Mr.Ranjan Deb, learned Senior Counsel appearing on behalf of the plaintiff, and Mr.Jyok Gupta, learned Counsel appearing on behalf of the defendant, submits that the parties have agreed to settle their dispute and the parties have entered into a terms of settlement on the basis whereof the suit can be disposed of. It appears from the proposed terms of settlement filed in Court today that Rabindra Chandra Ghose as owner of the said premises granted a lease thereof to the defendant for a term of 21 years commencing from 1st July, 1960 on...


Sep 03 2013

Datre Corporation Ltd. and ors. Vs. Export Credit Gurantee Corporation ...

Court: Kolkata

Decided on: Sep-03-2013

GA No.2440 of 2013 WP No.945 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DATRE CORPORATION LTD.& ORS.Versus EXPORT CREDIT GURANTEE CORPORATION INDIA LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date :3. d September, 2013. Appearance: Mr.Ratnanko Banerji, Adv..for the petitioners Mr.Amitabha Ghosh, Adv.Mr.S.S. Bose, Adv.Mr.S.Datta, Adv..for the respondents The Court : GA No.2440 of 2013 is an application in a pending writ petition made for the purpose of the writ petition being taken up out of turn despite no steps having been taken therein for more than two yeaRs.The orders sought on the application can be accommodated within the fold of the petition. Accordingly, GA No.2440 of 2013 is disposed of without any order but the prayers made therein will be considered as part of the petition. The petitioners say that by virtue of the fiRs.respondent placing the name of the petitioner company on its Special Approval List (SAL).the petitioner ...


Sep 03 2013

Shankari Mondal Vs. United Bank of India and ors.

Court: Kolkata

Decided on: Sep-03-2013

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Sambuddha Chakrabarti W.P.No.497 of 2010 Shankari Mondal Versus United Bank of India & ORS.For the petitioner : Mr.Sudip Sanyal, Advocate Mr.Sukanta Das, Advocate Ms.Lopamudra Moitra, Advocate For the private respondent : Mr.Subir Sanyal, Advocate Ms.Sumouli Sarkar, Advocate Heard on :22. 01.2013 and 19.02.2013 Judgement on :03. 09.2013 The Court : The petitioners husband was an employee of the respondent No.1 bank. On May 2, 2003 he was murdered. He was survived by his wife and two sons. After about three and a half years a certain sum calculated by the respondents was sought to be paid to the petitioner as his terminal benefits which the petitioner did not accept as it was without interest. The petitioner on the death of her husband applied for employment on compassionate ground in May, 2003. Since no payment was made by the bank, the petitioner says, she had to survive by taking ...


Sep 03 2013

Sri Swapan Roy Vs. Coal India Limited and ors.

Court: Kolkata

Decided on: Sep-03-2013

ORDER SHEET WP No.1371 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sr.SWAPAN ROY Versus COAL INDIA LIMITED AND ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :3. d September, 2013. Appearance: Mr.S.Ganguly, Advocate for the petitioner Mr.Alok Banerjee, Advocate Mr.S.Pal, Advocate Mr.P.Basu, Advocate Mr.N.K.Roy, Advocate for the respondents The Court: Mr.Ganguly was fair enough to realise the deficiencies in the case sought to be run by his client, the son of an employee of Eastern Coalfields LTD.who died in harness on 18th July, 1997. In an order passed by Jayanta Kumar Biswas, J., on 13th August, 2003 in Sr.Swapan Roy & Anr. versus Coal India LTD.& Ors., the General Manager of the above company was directed to take a decision on the application of the petitioner for compassionate appointment, filed on 20th August, 1998. The records reveal that the petitioner was directed to appear before the adjudicating authority on 27th November, 2003 (see p...


Sep 03 2013

V.B.Seva Trust and ors. Vs. Canara Bank

Court: Kolkata

Decided on: Sep-03-2013

ORDER SHEET GA NO.2413 OF 201.CS NO.228 OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE V.B.SEVA TRUST & ORS.Versus CANARA BANK BEFORE: The Hon'ble JUSTICE PATHERYA Date :3. d September, 2013. MR.ABHIJIT GUHA RAY, ADVOCATE FOR DECREE-HOLDERS MR.ARYAK DUTTA, MR.DIPANKAR DAS, ADVOCATES FOR JUDGMENT DEBTOR The Court : In implementation of the decree passed this matter was mentioned and from time to time orders passed. Initially the only grievance of the decree holders was that no step was being taken by the judgment debtor to repair the said premises in its occupation which had been damaged by it during time of use. The advocates of the respective parties were appointed as Joint Special Officers to supervise the repair works. Repair works was undertaken and the property, according to the judgment debtor, has been restored to its original position. This has been disputed by counsel for the decree holders on the ground that the flooring is not as was ...


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