Kolkata Court January 2014 Judgments
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John Gregory Apcar and ors. Vs. Thomas Malcom and ors.
Court: Kolkata
Decided on: Jan-13-2014
ORDER SHEET G.A.No.3405 of 2013 C.S.No.413 of 1888 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JOHN GREGORY APCAR & ORS.Versus THOMAS MALCo.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 13th January, 2014. Appearance: Mr.Pratap Chatterjee,Sr.Advocate Mr.Ranjan Bachwat,Sr.Advocate Mrs.Noelle Banerjee,Advocate. The Court : The locus standi of Stefano George Sarkies is challenged. It is said that he was not baptized in the Armenian Church and the certificate of Baptism of the Armenian Church produced by him is a forgery. Reliance is placed on the letter dated 23rd October, 2013 of the Primate, Bishop Haigazoun Najarian, Diocese of the Armenian Church of Australia & New Zealand. If Stefano George Sarkies does not have the locus standi then the whole proceeding started by him will fall to the grounds. Various authorities were cited before me, namely Pritish v. State of Maharashtra (2002) 1 SCC253 Iqbal Singh Marwah & Anr.v.Meenakshi Marwah & Anr (2...
Srei Infrastructure Finance Ltd. Vs. Violet Arch Capital Advisors Pvt. ...
Court: Kolkata
Decided on: Jan-13-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A.P.No.1577 of 2013 SREI INFRASTRUCTURE FINANCE LTD.Versus VIOLET ARCH CAPITAL ADVISORS PVT.LTD & ORS.G.A.No.47 of 2014 With A.P.No.1577 of 2013 SREI INFRASTRUCTURE FINANCE LTD.Versus VIOLET ARCH CAPITAL ADVISORS PVT.LTD & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 13th January, 2014. Appearance: Mr.Debashis Kundu, Adv.Mr.N.Chatterjee, Adv.Mr.R.Maity, Adv..for the petitioner. Mr.Abhrajit Mitra, Adv.Mr.Jishnu Chowdhury, Adv.Mr.Saumavo Ghose, Adv.MRS.Aindrila Biswas, Adv..for the respondent no.2 and 3. The Court: The petitioner entered into several agreements with the respondents on August 16, 2011 and August 30, 2011. The petitioner has shown that two agreements executed between the parties on August 16, 2011, termed as the loan agreement and as the hypothecation agreement, contain arbitration clauses of similar import. The petitioner apparently gave credit facilities of value of Rs....
W.B. Small Industries Dev. Corporation Vs. Asok Kumar Dutta
Court: Kolkata
Decided on: Jan-13-2014
ORDER SHEET CS No.237 of 2002 GA No.1032 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE W.B.SMALL INDUSTRIES DEV. CORPORATION Versus ASOK KUMAR DUTTA BEFORE: The Honble JUSTICE SOUMEN SEN Date : 13th January, 2014. Appearance: Mr.S.Sarkar, Adv.Mr.Kamalendu Ghose, Adv.The Court : This Court on the basis of a submission made on 3rd September, 2013 gave enough opportunity to the defendant to pay a sum of Rs.3 lakhs initially on or before 7th of October, 2013 and thereafter extended the time for making payment of the said sum. The defendant, however, paid a sum of Rs.50,000/- and even today is not in a position to pay the balance amount of Rs.2.50 lakhs. The said direction was given on the basis of the submission made on behalf of the defendant that the defendant has admitted that a sum of Rs.3 lakhs is due and payable by the defendant to the plaintiff. This submission is in consonance with what has been stated in paragraph 13 of the written statem...
Vs. Prema Poddar
Court: Kolkata
Decided on: Jan-13-2014
ORDER SHEET C.S.No.304 of 2001 T. No.453 of 2001 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE CALCUTTA STOCK EXCHANGE LIMITED Plaintiff Versus PREMA PODDAR Defendant BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date : 13th January, 2014. For Plaintiff : Mr.Moinak Bose, Advocate with Ms.S.Saha, Advocate For Defendant : Mr.Syed E. Huda, Advocate with Mr.S.Sengupta and Ms.Lucky Mukherjee, Advocates The Court : Mr.Moinak Bose, learned Advocate appearing for the plaintiff, submits that his client filed the documents on which his client is relying on with the Department on 10th January, 2014. A direction may be given to his client so that Judges brief of documents may be prepared and filed with the Court for proceeding with the matter effectively on the date fixed. Mr.Syed E. Huda, learned Advocate appearing for the defendant, submits that it is a fact that his client has not complied with the order dated 6th September, 2011, whereby his client was given...
Sri Pradip Kumar Jalan and ors Vs. Sri Pradeep Kishan Saraff and ors
Court: Kolkata
Decided on: Jan-13-2014
1 ORDER SHEET APO No.408 of 2012 CS No.3 of 2010. IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Sr.PRADIP KUMAR JALAN & ORS Versus Sr.PRADEEP KISHAN SARAFF & ORS -AndAPO No.414 of 2012 CS No.3 of 2010 Sr.NARAYAN PRASAD SARAF -VSSHRI PRADEEP KUMAR SARAF & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 13th January, 2014. Appearance: Mr.Suman Dutta and Mr.S.Sengupta, Ld. Advocates for the appellant. Mr.Sakya Sen with Ms.N.Auddy and Mr.L.R. Mondal,ld. Advocates for the Respondent. Ms.Piyali Sengupta ld. Advocate For defendant no.2. The Court :- Rightly or wrongly the court passed an order restraining the appellant Narayan Prasad Saraf from dealing with or disposing of the suit property. Despite order of injunction, it is alleged, he inducted Pradip Kr. Jalan as tenant in respect of room no.24 in premises No.44, Battala Street, Kolkata. When it surfaced, the learned Judge directed the Special Officer to remove Jalans from the ...
Amar Nath Ganguli Vs. Mrigan Maity and ors
Court: Kolkata
Decided on: Jan-13-2014
1 ORDER SHEET APO No.448 of 2012 CS No.248 of 2004 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE AMAR NATH GANGULI Versus MRIGAN MAITY & ORS -AndAPO No.449 of 2012 CS No.248 of 2004 PICASONA HEALTH CARE PVT.LTD.-VSDARIDRA BANDHAB BHANDAR & ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 13th January, 2014. Appearance: Mr.Jishnu Saha with Mr.Riju Ghosal, Mr.Rajorshi Dutta and Mr.Arnab Dutta Ld. Advocates for Picasona. Mr.Arindam Banerjee with Mr.Avirup Chatterjee Ld. Advocates for the members of the Society. Mr.Anup Kumar Mukherjee with Mr.Paritosh Sinha And Mr.Asim Mr.Barman, ld. Advocates For the State. The Court :- Daridra Bandhab Bhandar is a philanthropic society set up in the early part of 20th Century. It would run seven hospitals in and around the city. In 1989 the Registrar of Firms declared the society defunct and appointed an Administrator. Mr.Saha appearing for the appellant would strenuously contend, such order...
Om Prakash Jhunjhunwala and ors. Vs. Uco Bank and anr.
Court: Kolkata
Decided on: Jan-13-2014
ORDER SHEET CS No.192 of 1988 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE OM PRAKASH JHUNJHUNWALA & ORS.Versus UCO BANK & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 13th January, 2014. Appearance: Mr.Sourya Roy, Adv.The Court: This matter has come for corrections of typographical errors crept in the order dated 2nd August, 2013. At page 19 of the judgment and order the paragraph starting with From a reading . . should read as follows: From a reading of various textbooks on the subject, namely The Law and Practice of Banking by J. Milnes Holden, Elingers Modern Banking Law and Pagets Law of Banking the principles of law that emerges are stated hereinafter. At page 20, in the last sentence of the fiRs.new paragraph the word same should be replaced by said and it should read as The said view is explained in Welch v. Bank of England, 1955 Ch. 508:At page 21, the last paragraph should start as the said action was based instead of the said action ...
West Bengal Financial Corporation Vs. Kusum Rathod and ors
Court: Kolkata
Decided on: Jan-13-2014
ORDER SHEET APO2122012 CS1972009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE WEST BENGAL FINANCIAL CORPORATION Versus KUSUM RATHOD & ORS BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 13th January, 2014. Mr.Jayanta Mitra, Sr.Advocate Mr.A.K.Sur, Advocate Mr.Hafiz Ali, Advocate for the appellant. Mr.Abhrajit Mitra, Advocate Mr.Chayan Gupta, Advocate for the respondent. The Court : A long drawn battle is ultimately settled with the active support of the learned Counsel appearing for the parties. We would be failing in our duty if we do not record the immense contributions we had from Mr.Jayanta Mitra, learned senior Counsel and Mr.Abhrajit Mitra, learned Counsel appearing for their respective clients. The dispute would center around a tenancy measuring approximately 5,200 sq. ft. adjacent to the High Court premises where West Bengal Financial Corporation, a wholly State owned undertaking, is having their office for...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jan-13-2014
ORDER SHEET CP NO.229 OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction R.M.PACKAGING (P) LTD.AND NAVANA PRINTING WORKS (P) LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 13th January, 2014. APPEARANCE: MR.A.C.KAR,ADVOCATE FOR PETITIONING CREDITOR MR.AMBARISH MAZUMDER, MR.DEBANIK BANERJEE, MR.B.K.SEN,ADVOCATE FOR COMPANY The Court : This application has been filed under sections 433 and 434 of the Companies Act, 1956 for realisation of sums due and payable by the company to the petitioning creditor. In the reply given to the statutory notice dated 30th April, 2012 a case has been made out for loss and damage suffered by the company. In the petition a document dated 13th July, 2011 has been relied upon. The original has been produced in court this day, a copy whereof has also been annexed to the affidavit filed by Asitava Chackerbutty on 6th June, 2013 on behalf of the company wherefrom it appears that a sentence written in ink at the top of the said document does not find ment...
Monjay Das, Vs. the Managing Director and Others
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-13-2014
Debasis Bhattacharya, Member: Being aggrieved by the judgment dated 29.08.2012, delivered by the Ld. District Forum, Siliguri, in Case No. 64/S/2011, the Complainant thereof has preferred this appeal. By the impugned judgment, the Ld. District Forum has dismissed the case on contest, but without cost. The case of the Complainant is that he purchased one Chevrolet Travera Motor Vehicle on 08.09.2005, which was insured with the OP no.2 for a sum assured of Rs.6,10,000/- (Rupees six lakhs ten thousand) for the period from 31.12.2006 to 30.12.2007, vide Policy No. 313207/31/2007/3831 and the vehicle was hypothecated to the OP No.3. While the Complainant was on tour in the North East with his said vehicle and Driver, and returning from Senaparti, Manipur after visiting his friend, they reached a Petrol Pump, namely, Faithful Services, 5th Mile, Dimapur, Nagaland, at about 1.40 A.M. on 06.04.2007 for taking petrol. At that time, three unknown persons came there on a Scooter and suddenly sta...
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