Kolkata Court October 2014 Judgments
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M/S. J.P. Glass Industries and ors Vs. Pramode Kumar Nathani and ors
Court: Kolkata
Decided on: Oct-31-2014
1 ORDER SHEET APO No.208 of 2014 AP No.656 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.J.P.GLASS INDUSTRIES & ORS Versus PRAMODE KUMAR NATHANI & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 31st October, 2014. Appearance: Mr.Abhrajit Mitra. Sr.Advocate with Mr.Sabyasachi Sen, ld. Advocates For the appellant. Mr.Ratnanko Banerjee, Sr.Advocate with Ms.Ahona Sikdar and Mr.J.Ghorai Ld. Advocates for the respondent. The Court :- The short question involved in this appeal as to whether an order of refusal to entertain an application under section 16 of the Arbitration and Conciliation Act, 1996 would be said to be an interim award to invoke section 34 of the said Act of 1996 before the Arbitrator could publish his award. The learned Single Judge very rightly held, it could not be said to be an interim award. 1 Mr.Sabyasachi Sen, learned Counsel appearing for the appellant, would draw our attention to para...
M/S Bardinarayan Alloy and Steel Ltd and anr. Vs. Arijit Chakrabarti, ...
Court: Kolkata
Decided on: Oct-31-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE W.P.No.1170 of 2013 M/s Bardinarayan Alloy & Steel Ltd & Anr. Versus Arijit Chakrabarti, Commissioner of Central Excise, Haldia Commissionerate & Anr. BEFORE The Honble Justice HARISH TANDON Mr.J.P.Khaitan, Adv.Mr.Arijit Chakraborty. .for the applicant Mr.S B Saraf, Adv.Mr.K.K.Maiti, Adv.for the defendant Judgment On : 31.10.2014 HARISH TANDON, J : The order dated 30th September, 2013, passed by Customs Excise & Service Tax Appellate Tribunal, Eastern Zonal Bench, Kolkata disposing of an application seeking waiver of pre-deposit or Cenvat credit and equal amount of penalty is the subject matter of challenge in this writ petition. By the impugned order, the CESTAT directed the petitioner to deposit Rs.50 lakhs out of the confirmed amount of duty excluding the amount of Rs.15 lakhs already deposited in couRs.of investigation. The petitioner is a manufacturer of MS ingots and runners and risers which are the exci...
Associated Companies Ltd. Vs. K.K. Enterprise
Court: Kolkata
Decided on: Oct-31-2014
APOT No.143 of 2013 CS No.300 of 2002 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ASSOCIATED COMPANIES LTD.Versus K.K.ENTERPRISE BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ARIJIT BANERJEE Date : 31st October, 2014. For Appellant : Mr.Aniruddha Mitra, Advocate Mr.Ashok Bose, Advocate For Respondent : The Court : Heard learned counsel for the appellant. The suit instituted by the appellant herein came to be dismissed on the ground that the plaintiff failed to lodge the writ of summons in accordance with Rule 6 of Chapter VIII of the Original Side Rules and take steps to have the writ of summons served on the defendant. As there was failure and laches on the part of the plaintiff to serve the writ of summons to be served on the respondent defendant, the suit came to be dismissed. This would definitely reflect the inaction on the part of the plaintiff in pursuing the suit filed by him. We cannot close our eyes to the fact that in ...
Eic Holdings Ltd. Vs. Union of India
Court: Kolkata
Decided on: Oct-31-2014
ORDER SHEET APD2012014 CS372009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE EIC HOLDINGS LTD.Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 31st October, 2014. Ms.Ahana Sikhdar, Advocate Mr.Amit Nag, Advocate for the appellant. Mr.Partha Sarathi Dutta, Senior Advocate for the respondent. The Court : Short question involved in this appeal is as to whether the learned Judge was right in applying His Lordships own formula that neither of the parties canvassed before him. The appellant filed a suit against the respondent for eviction. As of date, as the respondent already vacated the premises, question of eviction would not arise. The subject issue would relate to mesne profit for the period when the building was under occupation of the respondent. The Special Referee submitted a report on the basis of the expert evidence. The respondent raised few objections. We need not dilate on that as His Lords...
Ranjana Dutta Vs. Official Liquidator and ors.
Court: Kolkata
Decided on: Oct-31-2014
ORDER SHEET APO2422014 CP911973 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE IN THE MATTER OF NATOBAR DUTTA PROPERTIES P LTD (IN LIQN.) AND RANJANA DUTTA VERSUS OFFICIAL LIQUIDATOR & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 31st October, 2014. Mr.Mainak Bose, Advocate Mr.S.Basu, Advocate Mr.Pavel Das, Advocaet for the appellant. Mr.Subhransu Ganguly, Advocate Mr.Pallab Kumar Mitra, Advocate for the respondent no.4. Mr.Jayanta Kumar Mitra, Senior Advocate Mr.Ratnanko Banerji, Senior Advocate Mr.P.Sinha, Advocate Mr.O.P.Jhunjhunwala, Advocate Mr.Sachin Shukla, Advocate for the respondent. The Court : Pursuant to the earlier order of this Court, the respondent K.C.Dutta Spice Private Limited handed over the peaceful possession to the Official Liquidator in respect of premises no.235, Maharshi Devendra Road save and except the fourth floor. From the report of the Official Liquidator it appears that the said comp...
Axis Bank Limited Vs. Trinath Vanijya Private Limited
Court: Kolkata
Decided on: Oct-31-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT534OF2014GA3257of 2014 WITH CS144of 2014 AXIS BANK LIMITED Versus TRINATH VANIJYA PRIVATE LIMITED BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ARIJIT BANERJEE Date : 31st October, 2014. Mr.Abhrajit Mitra, Sr.Advocate Mr.Soumava Ghosh, Advocate Mr.Priyabroto Patro, Advocate Ms.N.Barmecha, Advocate .for applicant Mr.Ratnanko Banerjee, Sr.Advocate Ms.Sudipa Bhattacharyya, Advocate Mr.Aniruddha Mitra, Advocate for respondent Mr.A.Das, Advocate Mr.Sourav Kumar Mukherjee, Advocate Mr.Somnath Roy, Advocate for International Asset Reconstruction Co.PVT.LTD.The Court :- The present appeal is directed against the interim order of the learned Single Judge dated 18.08.2014. The main two suits i.e.C.S.144 of 2014 and C.S.228 of 2014 are pending. The entire dispute revolves round the dispute whether there was partial surrender of a portion of the leased premises subject matter of the lease, by t...
Bharat Sanchar Nigam Limited Vs. Sadhan Kumar Ray and anr.
Court: Kolkata
Decided on: Oct-31-2014
APOT557of 2014 G.A.3176 of 2014 C.S.57 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side BHARAT SANCHAR NIGAM LIMITED Versus SADHAN KUMAR RAY & ANR. BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ARIJIT BANERJEE Date : 31st October, 2014. For the Appellant : Mr.Jishnu Saha, Sr.Advocate with Mr.Anil Kumar Gupta, Advocate For the Respondent : THE COURT : The present appeal is filed aggrieved by the judgment on admission by the defendantappellant. The interlocutory petition for judgment on admission came to be filed by the plaintiff. Learned Judge after referring to Fair Rent Assessment Committees letter dated 5-3-2011 was of the opinion that by virtue of admitted documents at pages 30, 31 and 34 of the interlocutory petition, there was clear, unequivocal and unambiguous admission on the part of the defendant regarding the rate of rent payable in respect of the property Therefore, occupied without by the prejudice to appellant-defe...
Syama Prosad Sarkar Vs. the Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Oct-30-2014
WP No.990 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SYAMA PROSAD SARKAR Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 30th October, 2014. Appearance: Mr.Surajit Nath Mitra, Sr.Advocate Mr.Raja Basu Chowdhury, Advocate for the petitioner Mr.Kishore Dutta, Sr.Advocate Mr.Biswarup Bhattacharya, Advocate Mr.S.K.Trivedi, Advocate Mr.S.Bandopadhyay, Advocate Mr.Raja Balyal, Advocate for respondent No.3 Mr.Jugal Porel, Advocate Mr.J.N.Mohanti, Advocate for Kolkata Municipal Corporation The Court: The writ petitioners flat is on the fiRs.floor of a building. South Point School is the neighbour. The complaint is that a 15 ft. to 20 ft. high structure has been built by the school without any sanction from Kolkata Municipal Corporation. This structure is affecting the interests of the petitioner in various ways. Mr.Mitra, learned Senior Advocate, appearing for the petitioner submits that his complaint agains...
itc Ltd. Vs. Bengani Foods Products Pvt Ltd
Court: Kolkata
Decided on: Oct-30-2014
ORDER SHEET EC No.219 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ITC LTD.Versus BENGANI FOODS PRODUCTS PVT LTD BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 30th October, 2014. Mr.Ahin Chowdhury, Sr.Advocate for the decree holder. Mr.P.Saha, Advocate for the judgment debtor. The Court : This Court was inclined to appoint Mr.Amitava Ghosh, a member of the Bar Library Club as an Administrator over the assets and properties of the said company. At this stage Mr.Bimal Kumar Bengani, Director of the said company agrees to pay the amount by suitable instalments. Mr.Ahin Chowdhury, learned Senior Counsel does not oppose the said prayer in making payment by instalments. In view thereof the entire decretal dues is crystalised at Rs.1 crore out of which Rs.15.20 lakhs have been paid. The balance amount shall be paid on or before 31st December, 2014. Mr.Amitava Ghosh, a member of Bar Library Club is appointed as a Receiver over the assets and properti...
Hara Prasad Mookerji Vs. Ananda Mohan Roy
Court: Kolkata
Decided on: Oct-30-2014
ORDER SHEET EC No.152 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HARA PRASAD MOOKERJ.Versus ANANDA MOHAN ROY BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 30th October, 2014. Mr.Ahin Chowdhury, Sr.Advocate, Mr.Subhasis Sarkar, Mr.S.Bhattacharjee for WBSSIDC. Mr.K.Viswanathan, Mr.K.N.Mukherjee, Mr.S.N.Bera, Advocates for Bank of Baroda. Mr.Pradip Kr.Dutta, Sr.Adv.for judgment debtor. Mr.S.Chowdhury, Adv.for decree holder. The Court : The West Bengal Small Scale Industries Development Corporation is the owner of the Kasba premises at which the judgment debtors manufacturing facility is located. Mr.Ahin Chowdhury, learned Senior Counsel appearing on behalf of the West Bengal Small Scale Industries Development Corporation submits that under the lease the Corporation has a right to re-enter the premises in question in the event of occurrence and/or happening of any of the events as stated in clause 6 of the lease agreement. Although this is a lo...
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