Kolkata Court September 2013 Judgments
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Quippo Construction Equipment Ltd. Vs. Hindustan Steel Works Construct ...
Court: Kolkata
Decided on: Sep-25-2013
ORDER SHEET CS No.40 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE QUIPPO CONSTRUCTION EQUIPMENT LTD. Versus HINDUSTAN STEEL WORKS CONSTRUCTION LTD. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :25. h September, 2013. Appearance: Mr. Suman Dutta, Adv. Ms. Samanya Sengupta, Adv. Ms. Nasreen Kauser, Adv. Ms. Sreemoyee Purkayastha, Adv. The Court : In view of the order passed by the Honble Division Bench on 2nd September, 2013, the issues framed on 24th July, 2013 stand modified and the suit shall be tried on the following issues:1. Were the equipments supplied by the plaintiff to the defendant are in terms of the orders placed by the said defendant and the required specifications as mentioned in such orders ?.2. Was the defendant acting in the capacity of an agent of HSCL-SIPL(JV) in its dealing with the plaintiff ?.3. Was there any default in payment of agreed monthly rental / hire charges of the equipment supplied by the plaintiff ?.4. To what ...
Paulmech Infrastructure Private Limited Vs. Ramanuj Singh
Court: Kolkata
Decided on: Sep-25-2013
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Subhro Kamal Mukherjee And The Honble Justice Murari Prasad Shrivastava September 25, 2013 ACO 97 of 2013 APO 175 of 2013 CP 248 of 2012 Paulmech Infrastructure Private Limited versus Ramanuj Singh Mr.Anindya Lahiri For the appellant Mr.Kaustav Chandra, Mr.S.N.Datta For the respondent The Court :- Seen the report of the learned Registrar-in-Insolvency dated September 24, 2013. This matter arises out of a company proceedings. The Honble single Judge granted liberty to the company to defend the claim of the petitioning creditor by way of a regular action upon furnishing security in cash with the learned Registrar, Original Side of this Court, for the principal sum of Rs.62,00,000/- (Rupees sixty two lakh) only, together with interest at the rate of 15% per centum per annum on the principal sum reckoned from March 28, 2012 and upon payment of costs of 500 G.Ms.in addition. An appeal was f...
Vs. Commissioner of Service Tax, Kolkata Andre
Court: Kolkata
Decided on: Sep-25-2013
ORDER SHEET WP No.912 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SIMPLEX INFRASTRUCTURE LTD.Petitioner Versus COMMISSIONER OF SERVICE TAX, KOLKATA & Respondents ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 25th September, 2013. For Petitioner : Mr.J.K. Mittal, Sr.Advocate MRS.Nilanjana Banerjee Pal, Advocate For Respondents : Mr.S.B. Saraf, Advocate MRS.Santa Mitra, Advocate The Court : The petitioner has challenged the show cause notice which was issued in the year 2006 and also a notice dated 13.8.2013 for fixing the date of personal hearing on the basis of the aforesaid show cause notice. notice The bone of contention of the writ petitioner is that the show cause is invalid, illegal and have been issued with closed mind. The petitioner says that the invocation of the provision of the statute in issuing the said show cause notice is improper inasmuch as the authorities cannot apply retrospectively if the legislature did not intend to ...
Ors. Vs. West Bengal Industrial Development
Court: Kolkata
Decided on: Sep-25-2013
WP No.969 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE COTTON CASUALS (INDIA) PVT.LTD.& ORS.-VersusWEST BENGAL INDUSTRIAL DEVELOPMENT CORPORATION LTD.& ORS.Appearance: Mr.Joydeep Kar, Adv...for the petitioner. Mr.R.S.De, Adv...for the WBIDC. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 25, 2013. The Court : The petitioners challenge the cancellation of a tender process by the West Bengal Industrial Development Corporation LTD.on the ground that no reasons have been furnished for such cancellation. The petitioners applied for plot at Chingrighata in the proposed garment and apparel manufacturing centre. According to the petitioneRs.despite an auction being held after obtaining substantial earnest deposit from each applicant, the corporation sat over the matter for a year before canceling the entire tender process upon the petitioners issuing a recent reminder that the corporation had failed to intimate the petitioners of the result...
Hashi Mukherjee Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Sep-25-2013
ORDER SHEET WP No.123 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE HASHI MUKHERJEE Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th September, 2013. Appearance: Mr.S.K.Laik, Advocate Mr.Ashok Gupta, Advocate Mr.B.Dutta, Advocate for the petitioner Mr.Ashoke Kumar Banerjee, Sr.Advocate Mr.Biswajit Mukherjee, Advocate Mr.Gopal Das, Advocate Mr.Jayanta Narayan Mahanti, Advocate for the respondents The Court: All the issues which were proposed to be raised in this writ application have been gone into extensively by a Division Bench of this Court in APO No.267 of 2009, WP No.678 of 2009 (Sm. Hashi Mukherjee versus The Kolkata Municipal Corporation & Ors.) and dealt with in its judgement and order dated 11th January, 2012. The subject matter of challenge in this writ are three notices of Kolkata Municipal Corporation making a proposed valuation of premises No.1A Madhab Chatterjee Street, Kolkata 700 020. The...
Shrikishan Sarda Vs. Hindustan Motors Ltd.
Court: Kolkata
Decided on: Sep-25-2013
ORDER SHEET GA NO.2132 OF 2013 CS NO.175 OF 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHRIKISHAN SARDA Versus HINDUSTAN MOTORS LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 25th September, 2013. MR.K..R.THAKKAR, MR.K.MALLICK, MR.S.JHUNJHUNWALLA, ADVOCATES FOR PLAINTIFF MR.NILADRI KHANRA, ADVOCATE FOR DEFENDANT The Court : For recovery of price of goods sold and delivered, C.S.No.175 of 2013 has been filed. In view of the balance confirmation as on 31st March, 2010 and issued in May 2010 by the defendant to the plaintiff herein for the sum of Rs.36,98,002/-, this application has been filed for summary judgment. No affidavit-inopposition has been filed. At hearing this day counsel for the defendant has produced a letter which has been signed on behalf of the defendant wherein the schedule of payment of Rs.36,98,002/- has been set out. From a look at the said schedule of payment it appears that along with the current rent the defendant is desi...
L and T Finance Ltd. Vs. M/S Siku Logistic and Construction Pvt Ltd an ...
Court: Kolkata
Decided on: Sep-25-2013
ORDER SHEET GA NO.2922 OF 2013 APOT NO.477 OF 2013 AP NO.729 OF 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.Versus M/S SIKU LOGISTIC & CONSTRUCTION PVT LTD & ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date : 25th September, 2013. Mr.Paritosh Sinha, Advocate for the appellant. The Court : Despite service, none appears to oppose this appeal. The learned single Judge asked the Receiver to make an inventory. Receiver did so and submitted his report. The respondents are not appearing in Court. They are not paying the defaulted instalments. Hence, in our view, the subsisting order of injunction would not serve the purpose. We would direct the Receiver to take possession of the assets forthwith. We are told, the instalments are due to the extent of Rs.30 lakhs. In case the respondents deposits Rs.10 lakhs by pay order in the name of the appellant for the time being, the Receiver ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-25-2013
C.A.No.447 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION In the matter of: PDK Estates Private Limited & Anr. Before: The Honble Justice Harish Tandon Date: 25th September 2013 Appearance: Mr.K.R. Thakkar, Advocate Mr.Suddhasatva Banerjee, Advocate Mr.Chayan Gupta, Advocate The Court: A prayer is made for dispensation of holding of the meeting of the shareholdeRs.Such prayer is not accepted and the same is hereby rejected. The meeting of the company will be in the following manner: A separate meeting of the holders of the equity shares of PDK Estates Private Limited (hereinafter referred to as the transferor company) shall be convened and held at Room No.19 of 4, K.S.Roy Road, Kolkata 700001 at 12.15 PM on 18th November 2013 for the purpose of considering and if thought fit, approving with or without modification, a Scheme of Arrangement and Demerger between the applicant companies and their respective shareholders for the purpose of demerger of Guest House Division of P...
Maa Bhadra Kali Coke Industries Pvt. Ltd. and anr. Vs. Commissioner of ...
Court: Kolkata
Decided on: Sep-25-2013
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE GA No.1051 of 2013 WP No.267 of 2013 Maa Bhadra Kali Coke Industries PVT.LTD.& Anr. Versus Commissioner of Income Tax, Kolkata III & ORS.GA No.1206 of 2013 WP No.270 of 2013 Jai Maa Kali Udyog LTD.& Anr. Versus Commissioner of Income Tax, Kolkata III & ORS.Before: The Hon'ble Justice Harish Tandon Date: 25th September 2013 Appearance: Mr.J.P. Khaitan, Sr.Advocate Mr.Jaydip Kar, Advocate Mr.Sourav Mukherjee, Advocate Md.Nizamuddin, Advocate Ms.Smita Das De, Advocate The Court: This is an application at the instance of the minority shareholders who have gone to the Company Law Board alleging the oppression and mismanagement against the majority shareholdeRs.seeking their addition in this writ petition. The subject matter involved in this writ petition is whether all records and proceedings initiated before the Assessing Authority of Income Tax, Kolkata be transferred to Assessing Authority of Income Tax, Dhanb...
M/S. Paharpur Cooling Towers Ltd and anr Vs. Union of India , and ors
Court: Kolkata
Decided on: Sep-25-2013
ORDER SHEET WP No.940 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.PAHARPUR COOLING TOWERS LTD AND ANR Versus UNION OF INDIA , AND ORS BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 25th September, 2013. Mr.J.P.Khaintan, Sr.Adv.Mr.Soumyajit Das Gupta, Adv.Mrs.Nilanjana Banerjee Pal, Adv..for the petitioneRs.Mr.Uttam Kr. Mojumder, Adv.Mr.Debasish Kundu, Adv.Mr.Suvodeep Sen, Adv..for the respondents. The Court: The petitioners have challenged the order dated 02/05-082013 issued by the Assistant Director General of Foreign Trade whereby and whereunder the petitioner company and its Directors are placed under the denied entry list for denial of future exempt benefits under the Foreign Trade (Development and Regulation)Act, 1992. The said order has proceeded on the basis of a show-cause notice dated 17.05.2006. There is an express recording in the said order that the petitioners did not reply to the said show-cause notice. In this writ petition,...
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