Kolkata Court January 2014 Judgments
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Mackintrosh Burn Ltd. Vs. Union of India
Court: Kolkata
Decided on: Jan-07-2014
AP No.1008 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MACKINTROSH BURN LTD.-VersusUNION OF INDIA Appearance: Mr.B.Pal, Adv.Mr.Malay Kr. Das, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : January 7, 2014. The Court : Despite the order dated September 11, 2013 and the subsequent order of December 17, 2013, no meaningful steps have been taken in the arbitral reference. The petition has been filed under Section 15 of the Arbitration and Conciliation Act, 1996 and though good grounds had been made out in the petition, the matter was adjourned at the behest of the respondent that the arbitral reference would be concluded expeditiously. It transpires that one of the arbitrators is from Calcutta, another from Bhubaneswar and the third from Allahabad. The Allahabad arbitrator failed to make the meeting scheduled on December 17, 2013 because of late running of trains due to the north India fog. The fog has worsened over the last week or so. ...
Estate Manufacturers' Asso. Vs. the Official Liquidator, High
Court: Kolkata
Decided on: Jan-07-2014
ORDER SHEET CA No.348 of 2013 CP No.525 of 2005 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE RE: REHABILITATION INDUSTRIES CORPORATION LTD.(IN LIQN.) And RE: BEHALA WEST (RIC) INDUSTRIAL ESTATE MANUFACTURERs.ASSO. VS THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA BEFORE: The Hon'ble JUSTICE PATHERYA Date : 7th January, 2014. Mr.Avijit Chatterjee, Sr.Adv.Mr.Shyamal De, Adv.for the applicant Mr.Aniruddha Mitra, Adv.for the State Mr.Anupam Dasadhikary, Adv.for O/L The Court : The applicant is an association whose members carry on business in the RIC Compound, Upen Banerjee Road, Behala, Kolkata. The members are refugees from east Bengal presently Bangladesh who migrated from east Pakistan to India and in particular Kolkata, West Bengal. The object of the company (in liquidation) is to rehabilitate industries. The members of the applicant association were given space to set up their business in the said compound. By this application, the applicant seeks reimbursement of...
Mithlesh Kumar Singh Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-07-2014
ORDER SHEET WP No.1263 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MITHLESH KUMAR SINGH Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 7th January, 2014 Mr.Sushanta Kumar Basu, Adv..for the petitioner Mr.Ayan Banerjee, Adv..for the respondents The petitioner was the holder No.1452/Sept./2000/Cal issued in respect of of .32 arms licence bore revolver no.27226 HCCA (Spanish).The Commissioner of Police revoked the licence considering the involvement of the petitioner in Gariahat P.S.Case No.182/02 dated 13.07.2002 under Sections 341/323/307/506 of the Indian Penal Code and 25(1)(b)/27 of the Arms Act. The Commissioner was of the view that such revocation was necessary for maintaining public peace and public safety. The order of the Commissioner was communicated to the petitioner by the Deputy Commissioner of Police by a letter dated 29.03.2006. The order of the Commissioner was carried in appeal by the petiti...
Srei Equipment Finance Pvt. Ltd. Vs. Mr. Sakhi Gwala and anr.
Court: Kolkata
Decided on: Jan-07-2014
AP No.965 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.Versus Mr.SAKHI GWALA & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th January, 2014. Appearance: Mr.S.Banerjee, Adv.The Court : The respondents are not represented and have not shown any interest at any stage of the present proceedings. The receiver is in possession of the two assets covered by the agreement and an offer of Rs.12.50 lakh has been received for sale of the rock breaker and excavator which cost in the region of Rs.45 lakh in the year 2011. The petitioner says that the respondents have been informed of the offer. The petitioner also reports that the hearing in the arbitral reference has been concluded and the award is awaited. Since the rock breaker and excavator have been taken possession of by the receiver several months back and are deteriorating in value, the sale of such assets is confirmed in favour of Vikas Agarwal of Ranchi...
Sajjan Kumar Saraf Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-07-2014
ORDER SHEET W.P.No.1240 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SAJJAN KUMAR SARAF Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 7th January, 2014. Appearance : Ms.Amrita Pandey, Adv. for the petitioner Mr.S.Mukherjee, Adv. for the State Ld. Advocate General The Court : The petitioner has sought for declaration that the provisions of the West Bengal Tax On Entry of Goods Into Local Areas Act, 2012 and the Rules made thereunder are ultra vires and be declared as null and void. In one of the writ petitions being W.P.11407(W) of 2012 the vires of the provisions of the said Act was also challenged and by a judgment dated 24-062013 the Honble Single Bench declared the provisions of the said Act as ultra vires. Mr.Mukherjee, who is representing learned Advocate General, submits that the said judgment is carried in an appeal before the Division Bench in M.A.T.1107 of 2013 and the Honble Division Bench has direct...
Amiya Kumar Roy Vs. Debasis Pradhan and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Jan-07-2014
Sri Debasis Bhattacharya, Member Being aggrieved by and dissatisfied with the order dated 05.12.2012 passed by the Ld. District Forum, Howrah, in Case No. 38/2012, the OP No.2 thereof has preferred this appeal. By the impugned judgment/order, the Ld. District Forum has allowed the case on contest against the OP No.1 and dismissed the same against the OP No.2 without costs, and directed the OP No.1 to effect the new electric connection after observing all technical formalities to the Complainants occupied portion at the schedule premises within 30 days from the date of the order. Further, the OP No.2 has been restrained from causing any disturbance during the process of effecting separate electric connection through the common passage of the Complainant as per schedule premises. However, if there be any resistance by anyone including the OP No.2 against such supply of electricity in the said common passage in the schedule premises, the OP No.1, WBSEDCL Authority shall be at liberty to t...
Transtonnelstroy – Afcons J.V. and ors. Vs. Employees’ State Insur ...
Court: Kolkata
Decided on: Jan-06-2014
ORDER SHEET GA3736of 2013 With WP260of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TRANSTONNELSTROY AFCONS J.V.& ORS.Versus EMPLOYEES STATE INSURANCE CORPORATION AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 6th January, 2014. Mr.Arunabha Ghosh, Adv.Mr.Soumya Majumder, Adv..for the petitioneRs.Mr.Arindam Maitra, Adv..for ESIC. The Court: On 4th December, 2013 this Court passed an order restraining the respondent authorities from taking any steps and / or further steps on the basis of the notices dated 14th July 2011 and 30th January, 2013 for a period of three weeks after Christmas Vacation or until further order whichever is earlier. The petitioners allege in this application that despite the order of injunction the authorities have issued further notices contemplating to recover the amount, which is the subject matter of this writ petition. The respondents say that the aforesaid notices were issued prior to the date of the order passe...
Kalimata Infratech (P) Ltd Vs. Maheshwari Devi and ors
Court: Kolkata
Decided on: Jan-06-2014
1 ORDER SHEET APOT559of 2013 GA No.3777 of 2013 CS No.371 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KALIMATA INFRATECH (P) LTD Versus MAHESHWARI DEVI AND ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 6th January, 2014. Appearance: Mr.Joy Saha with Mr.Subhajit Saha and Mr.S.Seal ld. Advocates for the appellant. Mr.Ranjan Bachawat, ld. Advocate for the respondent. Mr.Jugal Chandra Porel with Mr.P.Sengupta Ld. Advocates for respondent no.4. The Court :- We have heard Mr.Joy Saha learned Counsel appearing for the appellant. We have perused the judgment and order impugned herein. We do not find any scope to interfere at this stage save and except expediting hearing of the appeal. Mr.Ranjan Bachawat,learned Counsel appears for plaintiff-respondent no.1 whereas Mr.Porel appears for respondent no.4. 2 Despite service none appears on behalf of respondent no.2. Respondent no.3 could not be served as the undelivered pack...
Dsp Construction Vs. Union of India
Court: Kolkata
Decided on: Jan-06-2014
ORDER SHEET AP1065OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DSP CONSTRUCTION Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 6th January, 2014. Ms.K.Das, Adv.appeaRs.Ms.A.Banerjee, Adv.appeaRs.The Court : The petitioner has carried this request under section 11 of the Arbitration and Conciliation Act, 1996 on the perceived failure of the appointing authority to appoint an Arbitrator within a reasonable time of the petitioners request as contained in a letter dated August 6, 2010. The Railways refer to a circular which provides for a pre-arbitration meeting to be held between a contractor and the Railway officials before the disputes are taken to arbitration. the Railways, the petitioner not only participated in the concerned According to pre-arbitration meeting on September 14, 2010, but the petitioner also subsequently sought an adjournment of the next date of the pre-arbitration meeting by a letter of September 25,...
Prasanta Kumar Pahari Vs. Sri Goutam Ghosh
Court: Kolkata
Decided on: Jan-06-2014
AP No.731 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRASANTA KUMAR PAHARI Versus Sr.GOUTAM GHOSH BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 6th January, 2014. Appearance: Mr.S.K. Dhar, Adv.Mr.Mukul Lahiri, Sr.Adv.Mr.Prasenjit Burwa, Adv.The Court : The petitioner seeks the reference of the disputes between the parties to arbitration on the strength of the arbitration clause contained in the agreement of sale executed by the parties on March 14, 2007. It is not in dispute that the agreement for sale has ultimately culminated in a deed of conveyance being executed by the petitioner in favour of the respondent on December 8, 2008. The respondent perceives that the construction undertaken by the petitioner was of poor quality and the petitioner is liable to compensate the respondent therefor. The respondent has instituted proceedings before the Consumer Forum to such effect. The petitioner has not applied under Section 8 of the Arbitra...