Kolkata Court September 2013 Judgments
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integerated Equipment and Infra Services Pvt. Ltd. Vs. Dena Bank
Court: Kolkata
Decided on: Sep-27-2013
ORDER SHEET GA NO.3010 OF 2013 WITH CS NO.353 OF 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE INTEGERATED EQUIPMENT & INFRA SERVICES PVT.LTD.Versus DENA BANK BEFORE: The Hon'ble JUSTICE PATHERYA Date : 27th September, 2013. Mr.S.N.Mookherjee, senior advocate, Mr.D.Basak, Mr.A.Mitra, Ms.S.Bhattacharyafor petitioner. The Court : In a suit for specific performance of the inter-se agreement dated 25th October, 2010 this application has been filed for interim reliefs. The case of the petitioner is that it is to set up a steel plant for manufacturing of stainless steel utensils loans, therefore, were required from bankers and eight banks formed a consortium for disbursement of Rs.585 crores. Rs.300 crores was to be brought in by the promoters and the balance was to be disbursed by the bankeRs.UCO Bank is the lead bank and Dena Bank is one of the bankers in the consortium of banks. A Sum of Rs.65 crores has already been advanced by Dena Bank to the pe...
M/S. Roy and Co.and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-27-2013
ORDER SHEET GA No.2982 of 2013 WP No.1240 of 2010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.ROY & CO.& ORS.Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE TAPEN SEN Date : 27th September, 2013. Mr.L.C.Bihani, Sr.Adv.Ms.Nibedita Pal, Adv.Mr.R.Dhara, Adv..for the petitioneRs.Mr.M.S.Yadav, Adv..for IOC. Mr.Kishore Datta, Adv.Mr.Billwadal Bhattachayya, Adv..for the State. The Court: This application has come up at the instance of the petitioners with a prayer that some portions of the judgement dated 01.09.2011 passed by this Court need to be corrected as there are some typographical errors / clerical errors therein. The details of such corrections have been given in paragraph-4 and from which, it appears that at pages 14,18 and 19 reference to the IOC has been made wrongly in place of the Director of Consumer Goods. At page 14 (in paragraph 20).therefore, the line beginning with the sentence She has stated that upon reconstitution o...
Commissioner of Income Tax, West Bengaliii, Kolkata Vs. M/S Lynx Machi ...
Court: Kolkata
Decided on: Sep-27-2013
ORDER SHEET ITA No.239 of 1999 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, WEST BENGAL-III, KOLKATA Versus M/S LYNX MACHINERY LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE TARUN KUMAR DAS Date : 27th September, 2013. Mr.P.Dudhoria, Adv.for Appellant Mr.J.P.Khaitan, Sr.Adv.with Mr.P.Bag, Advocate And Mr.C.S.Das, Advocate for the Respondent The Court : Briefly stated, the facts and circumstances of the case are as follows: On 27th February, 1987 the assessment order under section 143(3) of the Income Tax Act, 1961 for the assessment year 1984-85 was passed without allowing set off of carried forward business loss and unabsorbed depreciation. Aggrieved by the order, the assessee preferred an appeal. It was disposed of by a judgment and order dated 1st November, 1988 directing the Assessing Officer to allow set off of carried forward business loss and unabsorbed depreciation if the condition appearing ...
The Board of Trustees for the Port, Calcutta Vs. Ghatal Steam Navigati ...
Court: Kolkata
Decided on: Sep-26-2013
ORDER SHEET CS No.422 of 1980 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE BOARD OF TRUSTEES FOR THE PORT, CALCUTTA Versus GHATAL STEAM NAVIGATION Co.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 26th September, 2013. Appearance: Mr.Dhruba Ghosh, Adv..for the plaintiff. Mr.Pramit Roy, Adv.Mr.Arindam Mukhejee, Adv..for the defendant no.1. Mr.Ashok Banerjee, Sr.Adv.Mr.Amitava Deb, Adv..for the defendant no.2. The Court: On the basis of the submission made on behalf of the defendant no.2 it was recorded in the order dated 18th September, 2013 that Mr.Sailya Dhar an Advocate, was appointed as Special Officer and he was directed to hand over the funds lying to the credit of the plaintiff towards rent and/or occupation charges to Mr.Dipak Ranjan Mukherjee the present Advocate-on-Record of the plaintiff. The matter is mentioned today on behalf of the plaintiff when it was pointed out that such occupation charges was deposited with the Advocat...
Tata Motors Finance Ltd. Vs. Ronit Nirman Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Sep-26-2013
A.P.A.P.A.P.A.P.A.P.A.P.A.P.A.P.A.P.A.P.A.P.A.P.A.P.No.No.No.No.No.No.No.No.No.No.No.No.No.1071079. 1081085. 1081088. 1081105. 1106 of of of of of of of of of of of of o2013. 2012013. 2012013. 2012013. 2013 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TATA MOTORS FINANCE LTD.Versus RONIT NIRMAN PVT.LTD.& ANR. Appearance Mr.Utpal Bose, Adv.Mr.Ratnanko Banerjee, Adv.Mr.Satarup Banerjee, Adv.Mr.Tilak Bose, Sr.Adv.Mr.Sakya Sen, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 26th September, 2013. The Court : These matters have been taken up together by consent of the parties. Since the respondents seek to put their version on affidavits, affidavits-in-opposition be filed by October 9, 2013; replies thereto, if any, may be filed before the matters are taken up on November 18, 2013. The petitioner claims that a total amount of about Rs.1.44 crore is due only on account of defaulted instalments without taking into account the penalty, interest a...
Seri Equipments Finance (P) Ltd. Vs. Mahendra Mittal and anr.
Court: Kolkata
Decided on: Sep-26-2013
ORDER SHEET G.A.2870 of 2013 With E.C.286 of 2012 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SERI EQUIPMENTS FINANCE (P) LTD.Versus MAHENDRA MITTAL & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date: 26th September, 2013. Appearance: Mr.Swatarup Banerjee, Adv.Mr.Subhankar Shaw, Adv. for the decree-holder Mr.Subhankar Nag, Adv.Mr.Keshav Kr. Daruka, Adv. for the applicants/judgment-debtors The Court: This application has been filed under Section 39(4) of the Code of Civil Procedure. The only order that has been passed in E.C.No.286 of 2012 is for filing of affidavits of asset by the judgment-debtORS.On the basis of the order dated 22nd April, 2010 the petitioner seeks vacating of the order passed and transfer of the execution application to the Court at Chattisgarh. This order sought by the applicant is based on the fact that the judgment-debtors are residing at Chattisgarh. In view of the judgment delivered in GA 1744 of 2013 (R.A.International versus...
Cab Engineers Pvt Ltd. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-26-2013
ORDER SHEET EC NO.254 OF 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CAB ENGINEERS PVT LTD.Versus STATE OF WEST BENGAL & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 26th September, 2013. MR.REETOBROTO MITRA,MR.SABYASACHI SEN, ADVOCATES FOR PETITIONER MR.P.SINHA, MR.S.SEN,ADVOCATE FOR STATE The Court : The execution sought is of the award dated 31st January, 2006 as modified on 29th April, 2009. Although the award was challenged the said application was dismissed and, therefore, an appeal was filed being F.M.A.T.No.71 of 2012. In the said appeal an order was passed on 22nd July, 2013 directing the appellants therein being the judgment debtors herein to deposit the sum of Rs.55,96,844/- with the Registrar General of this Court within four weeks. Unconditional stay was granted of the award and the execution proceedings for the period mentioned above and the stay would continue in the event deposit was made within the stipulated time. In defau...
M/S. Bharatpur Nutritional Products Ltd.) and anr. Vs. State of West B ...
Court: Kolkata
Decided on: Sep-26-2013
ORDER SHEET WP No.127 of 2013 GA No.629 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.DALMIA INDUSTRIES LTD.(NOW KNOWN AS M/S.BHARATPUR NUTRITIONAL PRODUCTS LTD.) & ANR. Versus STATE OF WEST BENGAL AND ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 26th September, 2013. Appearance: Mr.Saumya Majumdar, Advocate Mr.Amit Kumar Nag, Advocate Mr.Bijoy Kumar, Advocate Ms.S.Sengupta, Advocate The Court: GA No.629 of 2013 is treated as on the days list. FiRs.of all, I dispose of the General Application, as stated above, by directing the writ petitioner to pay to the respondent employee the sums at the rate of Rs.3,053/- per month, as per the order of this Court dated 27th February, 2013, for the balance unpaid period, together with simple interest at the rate of 10% per annum. It is an admitted position that the proceedings before the Third Industrial Tribunal were heard and concluded ex parte as against the writ petitioner, resulting in an order o...
Ajay Kumar Agarwal Vs. Green Concretex Global Ltd
Court: Kolkata
Decided on: Sep-26-2013
ORDER SHEET GA NO.2919 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 : 26th September, 2013. Mr.Ratnanko Banerji, Advocate Mr.Siddharta Banerjee, Advocate for the appellant. Mr.S.N.Mookherjee, Senior Advocate Mr.Joyjit Ganguly, Advocate Ms.Ankita Mukherjee, Advocate Mr.Pradeep Sancheti, Advocate Mr.Basudeb Biswas, Advocate for the respondent. The Court : We disposed of this appeal by our judgment and order dated September 10, 2013. We repeatedly asked the appellant as to what would be his liability towards the respondent on accounts being taken by himself. Such question was carefully avoided. We noted the fact, even on July 3, 2013 (wrongly typed as 2003) the appellant was writing to one of its debtors to pay Rs.44 lakhs to the respondent. The respondent approache...
L and T Finance Limited Vs. Pestcon Engineering Industries Pvt. Ltd. a ...
Court: Kolkata
Decided on: Sep-26-2013
AP No.759 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED Versus PESTCo.ENGINEERING INDUSTRIES PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 26th September, 2013. Appearance: Mr.P.Sinha, Adv.Mr.Suchayan Banerjee, Adv.The Court : The respondents are represented and, notwithstanding the previous order, do not indicate how immediate payment would be made on account of the defaulted instalments. The petitioner claims that a sum in excess of Rs.11 lakh is due only on account of defaulted instalments without taking into account the other amounts due on account of penalty, interest and the like. There will be an order of injunction in terms of prayer (h) of the petition which will, however, not prevent the respondents from using the assets in the usual couRs.of business till such time that the Receiver takes possession thereof in the event there is a default. The respondents will make payment of a sum of Rs.5 l...
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