Kolkata Court September 2013 Judgments
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Chhatan Yadav Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Sep-23-2013
ORDER SHEET WP No.53 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE CHHATAN YADAV Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 23rd September, 2013. Appearance: Mr.U.S.Agarwal, Advocate for the petitioner Mr.A.Banerjee, Advocate Mr.N.K.Ray, Advocate for the respondents The Court: I do not think that the Entitlement of Allowance. calculation made by the General Manager, Pandaveswar Area, by his order dated 8th November, 2011 is correct. This Court passed an order dated 27th August, 2010 in WP No.1010 of 2010 (Chhatan Yadav versus Coal India LTD.& Ors.) allowing the writ application and directing the respondents to forthwith reinstate the writ petitioner with all consequential benefits. The dispute now is with regard to all consequential benefits. A contempt application was taken out by the petitioner (CC No.156 of 2010) which was disposed of by an order made on 15th July, 2011, directing the petitioner to file a fresh cl...
Pramod Kumar JaIn Vs. Manohar Lall JaIn and ors.
Court: Kolkata
Decided on: Sep-20-2013
ORDER SHEET GA No.2888 of 2013 CS No.84 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRAMOD KUMAR JAIN Versus MANOHAR LALL JAIN & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date :20. h September, 2013. The Court : In Mr.Pratap Chatterjee, Sr.Adv.Mr.Rudraman Bhattacharya, Adv.Mr.Varun Kedia, Adv..for the petitioner Mr.Surojit Nath Mitra, Sr.Adv.Mr.Ratnanko Banerjee, Adv.Mr.Arindam Mukherjee, Adv.Mr.Amitava Das, Adv.Mr.Paritosh Sinha, Adv.Mr.Jaydeep Ray, Adv.for respondent Nos.1 & 2 Mr.Jishnu Chaudhury, Mr.Abhijit Sarkar, Adversus for respondent No.3 Mr.Ranjan Bachawat, Mr.Rajeev Kumar Jain, Adversus for respondent No.4 Mr.U.S.Menon, Mr.Rahul Ginodia, Adversus for respondent No.5 a suit for specific performance of a family settlement this application has been filed for interim reliefs. The case of the petitioner is that mediation resulted in a family settlement between the parties and the arbitrator appointed passed an award. He has now come to k...
Basu House Private Limited Vs. Indian Overseas Bank and ors.
Court: Kolkata
Decided on: Sep-20-2013
1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE W.P. 59 of 2013 Basu House Private Limited Versus Indian Overseas Bank & Ors. Before : The Honble Justice Dipankar Datta Date : September 20, 2013 Mr. Saptansu Basu, Sr. Advocate Mr. D. Mitra, Advocate Mr. Ayan Banerjee, Advocate Mr. Rajdeep Bhatttacharya, Advocate Mr. Sounak Bhattacharya, Advocate Mr. Rahul Sengupta, Advocate for the petitioners Mr. Sudip Pal Chowdhury, Advocate for the respondents 1. Respondents 1 and 2 in the writ petition are the Indian Overseas Bank and the General Manager, Regional Office (I) Kolkata of such bank, respectively whereas the Reserve Bank of India, and its Regional Director and Assistant General Manager are the respondents 4, 5 and 6, respectively. Relief claimed in the writ petition against the aforesaid respondents reads as follows: a) b) c) A writ of and/or in the nature of mandamus do issue commanding the respondent Nos. 4, 5 and 6 to revoke and/or cancel ...
Re: M/S. Skv Trade and Commerce Private Limited and Vs. Re: B.H. Inter ...
Court: Kolkata
Decided on: Sep-20-2013
ORDER SHEET CA 504 of 2012 CP 65 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Jurisdiction ORIGINAL SIDE RE: M/S.SKV TRADE & COMMERCE PRIVATE LIMITED -ANDVersus RE: B.H.INTERNATIONAL PVT.LTD.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 20th September, 2013. Appearance : Mr.S.N. Mukherjee, Adv.Mr.Mainak Bose, Adv.Mr.Samar Banerjee, Adv..valuer Ms.Ruma Sikdar, Adv.Official Liquidator The Court : Apparently, there is a conscious non compliance of the directions made in the order dated 30th August, 2013, by the official liquidator. It is a matter of regret that to cover up its apparent lapses the official liquidator has pushed the valuer in front of the Court to vindicate his personal grievance and his inability to comply the directions passed by this Court. By order dated 10th May, 2013, the Court passed a direction upon the official liquidator relating to the flat put under lock by him. The Court expects that the said direction shall be carried out in all respects and spir...
Smt. Jagdamba Tekriwal Vs. Paragon Highrise Makers Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Sep-20-2013
ORDER GA No.2091 of 2013 CS No.169 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SMT. JAGDAMBA TEKRIWAL Versus PARAGON HIGHRISE MAKERS PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date:20. h September 2013. Appearance: Mr.Dhruba Ghosh, Advocate Mr.Soumen Das, Advocate ...for defendants/petitioneRs.Mr.Swatarup Banerjee, Advocate Mr.Rajesh Upadhyay, Advocate ...for the plaintiff The Court: This is an application for setting aside of an ex parte decree dated October 9, 2012 passed in CS No.169 of 2008. On an earlier occasion, this court directed the defendants to deposit a sum of Rs.10 lakh with the Registrar, High Court, Original Side on or before August 2, 2013 as a condition precedent for stay of the execution proceeding till August Parties were directed to exchange their affidavits. 31, 2013. Today is the returnable date. It appears from the submissions of the learned counsel appearing on behalf of the respective parties that there is no dispute t...
M/S. Shambhu Nath and Brothers and ors. Vs. Abhimanyu Roy
Court: Kolkata
Decided on: Sep-20-2013
ORDER SHEET G.A.2858 of 2013 With C.S.322 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE M/S.SHAMBHU NATH & BROTHERS & ORS.Versus ABHIMANYU ROY BEFORE: The Hon'ble JUSTICE PATHERYA Date:20. h September, 2013. Appearance: Mr.Pratap Chatterjee, Sr.Adv.Mr.Sayantan Basu, Adv.Mr.G.Ray, Adv.Mr.S.Jana, Adv.The Court: In a suit for infringement of a registered trademark and passing of action this application has been filed for an interim relief. The case of the petitioner is that it has been selling electrical items specially fans under the trademark TOOFAN since 1987. The trademark is registered in 1993. Therefore, it is a registered trademark holder in the label TOOFAN since 1993 and has been using the said label since 1986. It has come to the knowledge of the petitioner recently that the respondent is using the label for selling its electrical items under the same label as that of the petitioner. There is every possibility of the common man being mi...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-20-2013
ORDER SHEET C.A.No.667 of 2012 C.P.No.241 of 2009 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction M/S.KAMLAPUR SUGAR & INDUSTRIES LTD.And THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA & ANR. BEFORE: The Hon'ble JUSTICE HARISH TANDON Date :20. h September, 2013. Appearance : Mr.Abhrajit Mitra,Advocate Mr.D.N.Roychowdhury,Advocate Mr.Indranil Nandy,Advocate Mr.A.K.Sur,Advocate Mr.B.Mohanty,O/L. The Court : The Ex-Directors of the company in liquidation intervene in the sale proceeding and submits that the company has gone before the Board for Industrial and Financial Reconstruction and their appeal has been registered. The Ex-Directors further say that there is already an order restraining the company from disposing of and/or alienating in any manner any fixed asset of the company without the consent of the Board. The secured creditors have appeared and submitted that the real intention of those intervenors are to stall the sale proceedings and there is no impediment on part of the c...
Uco Bank Employees' Association and Ors. vs. Uco Bank
Court: Kolkata
Decided on: Sep-20-2013
ORDER SHEET APOT NO.467 OF 201.GA NO.2843 OF 201.CS NO.165 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE UCO BANK EMPLOYEES' ASSOCIATION & ORS.Versus UCO BANK BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :20. h September, 2013. Mr.Moloy Bose, Senior Advocate Mr.Soumya Majumder, Advocate Mr.S.Ganguly, Advocate for the appellant. Mr.Sabyasachi Chowdhury, Advocate Mrs.Suchismita Chatterjee, Advocate Mr.S.Roy, Advocate for the respondent. The Court : The appellants are Employees Association performing their trade union activity in respect of UCO Bank. The learned Judge permitted them to hold demonstration beyond 100 meters from the branch. The learned Judge permitted them to carry on lawful trade union activities. We do not wish to interfere. The learned Judge, however, disposed of the interlocutory application without calling for affidavits. Mr.Bose, learned senior Counsel appearing for the appellants...
Smt. Nanda Rani Ghosh Bag and anr. Vs. the Kolkata Municipal Corporati ...
Court: Kolkata
Decided on: Sep-20-2013
ORDER SHEET WP No.797 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. NANDA RANI GHOSH BAG & ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date :20. h September, 2013. Appearance : Mr.Barin Banerjee, Advocate. Mr.C.K. Saha, Advocate. for the petitioner. Mr.Chittapriya Ghosh, Advocate. Ms.Aiswarjya Gupta, Advocate. for the PVT.respdt. no.7 Mr.L.C. Behani, Senior Advocate. for the KMC The Court : The petitioner complained about the unauthorised construction alleged to have been raised by the private respondent no.7 at her premises. Since the petitioners complaint remains unattended by the Municipal Authority, the petitioner has come before this Court with this writ petition seeking issuance of direction upon the Municipal Authority for early consideration of the petitioners grievances as highlighted appearing at page-17 of the writ petition. in her complaint Mr.Behani, learned Senior Adv...
Hindustan Steelworks Contruction Ltd. Vs. Project Engineering Construc ...
Court: Kolkata
Decided on: Sep-20-2013
ORDER SHEET APO NO.283 OF 201.EC NO.9 OF 201.IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE HINDUSTAN STEELWORKS CONTRUCTION LTD.Versus PROJECT ENGINEERING CONSTRUCTION BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE DR.MRINAL KANTI CHAUDHURI Date :20. h September, 2013. Mr.Asit Bhattacharya, Advocate for the appellant. Mr.Amitava Deb, Advocate for the respondent. The Court : The controveRs.has a chequered career. 27 yeaRs.little more than a quarter century, the parties are litigating. A claim of 1986 for Rs.7,34,200/- crystalised and ultimately culminated in an award published on July 27, 2002. The Arbitrator awarded interest at the rate of 18 per cent. The appellant filed an application for setting aside. The learned single Judge modified the award by allowing 18 per cent interest with regard to the claim of the appellant and 12 per cent interest with regard to the claim of the respondent. Significant to note, the Arbitrator awarded a pa...
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