Kolkata Court January 2014 Judgments
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Branch Manager Icici Bank Ltd. Vs. Majed Khan
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-21-2014
Kalidas Mukherjee, President: This appeal is directed against the judgment and order passed by Learned District Forum, Purba Medinipur in CC No.121 of 2007 allowing the complaint and directing the OP to refund Rs.26,396/- towards the amount already paid by Complainant in four instalments. The OP was directed to pay Rs.2 lakh towards compensation for forceful possession and selling the vehicle in question. It was directed that in case of failure to pay the amount within 45 days from the date of communication of the order, the OP will have to pay interest @ 9% p.a. over the total awarded amount till realisation. The case of the Respondent/Complainant, in short, is that he purchased a pick up van taking loan of Rs.1,96,000/- from the OP Bank. There was default in payment of instalment. But on 21/07/07 the OP engaged some persons who forcibly took possession of the vehicle from the driver. The Complainant contacted the OP for the release of the vehicle but they did not pay any heed. For th...
M/S. Utpal Chetia Proprietor- Utpal Chetia Vs. Commissioner of Central ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Jan-21-2014
I.P. Lal, J. 1. The present Appeal is filed against the above Order-in-Appeal and briefly, the facts of the case are that M/s. Utpal Chetia, Proprietor-Shri Utpal Chetia was awarded a contract by M/s. Brahmaputra Valley Fertilizer Corporation Ltd. (BVFCL), vide Work Order No.BP-111/NIT-MFL/2002-2003/709 dated 23.10.2002, which has been extended from time to time. The scope of services as per contract rendered by him was - stacking of filled bags in Stacking Platform, as per requirement of BVFCL; loading from stacks to wagons/trucks, as directed by the Bagging Plant Authority; and to engage qualified supervisors to ensure that proper number of bags are stacked/loaded into trucks/wagons and to supervise their workmen. The Department treated the aforesaid activity as rendering œCargo Handling Services?, and accordingly, issued a show cause notice dated 17.08.2006 demanding Service Tax of Rs.30,84,025/- and Education Cess of Rs.18,493/- for the period, August, 2002 to March, 2006. Th...
Srei Equipment Finance Private Limited Vs. Mr. Sankar Mandal and anr.
Court: Kolkata
Decided on: Jan-20-2014
AP No.661 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED Versus Mr.SANKAR MANDAL & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th January, 2014. Appearance: Mr.S.Banerjee, Adv.Mr.Ranjan Kr. Kali, Adv.The Court : A sum in excess of Rs.53 lakh is due on account of the defaulted instalments in respect of the agreement, the tenure whereof has run out in May, 2013. The petitioner says that the previous agreement was abandoned upon the payments thereunder being rescheduled and the original reference was discontinued. The petitioner says that in such circumstances no latitude should be shown to the respondents unless the amount due on account of the defaulted instalments is made good immediately. The respondents seek further time and refer to divers specious excuses. Since a sum in excess of Rs.53 lakh is due and no immediate payment is forthcoming, the receiver appointed in the matter will take pos...
Vs. Kolkata Municipal Corporation and ors.Respond
Court: Kolkata
Decided on: Jan-20-2014
ORDER SHEET GA No.3802 of 2013 With APOT No.591 of 2013 WP No.1208 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DASSANI ELECTRA PVT.LTD.& ANR. Appellants Versus KOLKATA MUNICIPAL CORPORATION & ORS.Respondents BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date : 20th January, 2014. For Appellants : Mr.Jishnu Saha, Advocate Mr.Sakya Sen Mr.Stish Ghosh, Advocate For K.M.C. : Mr.Aloke Kumar Ghosh, Advocate Mr.Fazlul Haque, Advocate MRS.Suvasree Ghose, Advocate The Court : This application has been filed in connection with the appeal preferred from the order dated 11th December, 2013 passed by a learned Judge of this Court whereby and whereunder the said learned Judge dismissed the writ petition without granting any relief to the appellants-petitioners herein. Mr.Saha, learned counsel representing the appellants- petitioneRs.submits that the Government of India is the present owner of the property in questio...
Mahaveer Construction and anr. Vs. Srei Equipment Finance Private
Court: Kolkata
Decided on: Jan-20-2014
AP No.971 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAHAVEER CONSTRUCTION & ANR. -VersusSREI EQUIPMENT FINANCE PRIVATE LIMITED Appearance: Mr.Aniruddha Mitra, Adv...for the petitioner. Mr.Rupak Ghosh, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : January 20, 2014. The Court : Two grounds have been urged in this petition for annulment of an arbitral award. The fiRs.ground taken is that there was a novation of the contract by which a party other than the petitioner was required to make payment of the amount due to the respondent and such novation extinguished the arbitration clause governing the original agreement. is that the appointing appointment authority of failed the to The second ground urged arbitrator inform the was bad since petitioner of the the appointment of the arbitrator simultaneously with the appointment being made. It is of significance that the arbitral reference had commenced prior to the ag...
Srei Equipment Finance Pvt. Ltd. Vs. M/S. Classic Super Construction a ...
Court: Kolkata
Decided on: Jan-20-2014
A.P.No.279 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Versus M/S.CLASSIC SUPER CONSTRUCTION & ORS.Appearance Mr.Utpal Bose, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th January, 2014. The Court : Since it appears that the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 has been unnecessarily dragged on for several months with the object of, in effect, executing an award before the award is made, no further order is made on the petition. It has come to be the practice of finance companies to rely on a forum selection clause and bank on the respondent not being represented in Court to contest such clause or its applicability to file a petition in a far away Court and thwart the respondent from effectively contesting the same. An arbitrator is appointed in such matters who behaves oftentimes like a paid employee of the finance company to either pass an award as sugges...
ishwari Prasad Singh Roy Vs. International Society Krishna Conssusnes
Court: Kolkata
Decided on: Jan-20-2014
ORDER SHEET CS927of 1982 G.A.3681 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE ISHWARI PRASAD SINGH ROY Versus INTERNATIONAL SOCIETY KRISHNA CONSSUSNES BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 20th January, 2014. Appearance: Mr.Abhrajit Mitra, Adv.Ms.Radhika Singh, Adv.Ms.S.Nandi, Adv.Mr.S.Gupta, Adv. for the plaintiff Mr.Pradip Ghosh, Adv.Mr.D.Banerjee, Adv.Mr.K.Bhattacharyya, Adv. for the defendant no.1/ISKCo.The Court: By this application the defendant No.1 sought to amend its written statement. The amendments are shown in red ink in annexure X to this application. Mr.Pradip Ghosh, learned Advocate appeared for the defendant no.1, submitted that the amendments sought for were formal in nature. By the proposed amendments in the written statement the defendant no.1 was bringing on records the factum of cessation of the defendant no.2 as the President of the Kolkata Branch of the defendant no.1 and typographical errors in the written ...
Cindrella Management Services Pvt. Ltd. Vs. Trend Bags and anr.
Court: Kolkata
Decided on: Jan-20-2014
ORDER SHEET TA NO.5 OF2014T NO.15 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CINDRELLA MANAGEMENT SERVICES PVT.LTD.Versus TREND BAGS & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 20th January, 2014. Mr.S.Sarkar, senior advocate, Mr.P.K.Dutta, Mr.R.Ghosh, Mr.S.K.Duttfor petitioner. The Court : The cause of action of the plaintiff is founded on money, aggregating to about Rs.1.42 crores receivable by them from the fiRs.defendant inclusive of interest. This is on account of a loan transaction. The fiRs.defendant had secured this loan, by creating an equitable mortgage in favour of the plaintiff, of their right, title and interest in 19/1C, Dargah Road, Kolkata-700 017. This had been effected by deposit of their title deeds with the plaintiff through the second defendant, who is described as an Escrow agent. Now, according to the plaintiff, the fiRs.defendant has wrongfully obtained the title deeds of the said property and are in possessi...
Kanak Projects Limited Vs. Oil and Natural Gas Corporation Limited
Court: Kolkata
Decided on: Jan-20-2014
1 ORDER SHEET APO No.314 of 2012 CS No.440 of 1985 EC81of 2007 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KANAK PROJECTS LIMITED Versus OIL AND NATURAL GAS CORPORATION LIMITED BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 20th January, 2014. Appearance: Mr.Ranjan Bachawat, Mr.Debnath Ghosh Ld. Advocates for the appellant. Mr.Abhrajit Mitra and Mr.Ld. Advocates for the respondent. The Court :- In couRs.of hearing on the last occasion whether we asked both relationship the should parties be to reconsider continued, of as to course, on modified terMs.keeping in view the present price index. ONGC is a wholly owned Central Government undertaking. They are tenants in a portion of Kanak Building for a considerable time. If they are asked to vacate, they would definitely be under constraint. At the same time the landlord is legally entitled to have an eviction that they claimed. To smoothen the process of negotiation, we gave few ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jan-20-2014
ACR No.3 of 2013 IN THE HIGH COURT AT CALCUTTA ORDIANRY ORIGINAL CIVIL JURISDICTION Pashupati Roy Sarda & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 20th January 2014 Appearance: Mr.Nirmalya Dasgupta, Advocate Mr.Dibanath Dey, Advocate for the petitioner The Court: This is an application by the trustees of a religious and charitable trust. The trustees applied to this Court for permission to sell a part of the trust property situated at 57C, Barrackpore Trunk Road, Kolkata. This land is behind Rabindra Bharati University. It is submitted that the proceeds of sale would be utilised to supplement the expenses for running the free school established by the trustees and run by them. By an order passed by this Court the Receiver in the matter was granted leave to appoint a valuer/surveyor. This valuer/surveyor fixed a reserve price of Rs.35 lakhs per cottah for the property. The total area of the land proposed to be sold was about 2 bighas. Advertisements were published in Bartaman an...