Kolkata Court November 2014 Judgments
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Barnwal Marketing and ors. Vs. Gee Pee Infotech Pvt. Ltd.
Court: Kolkata
Decided on: Nov-07-2014
In The High Court At Calcutta Ordinary Original Civil Jurisdiction Original Side GA877of 2012 CS299of 2011 Barnwal Marketing & ORS.-vs.Gee Pee Infotech PVT.LTD.Present : The Honble Justice Arijit Banerjee For the petitioner : Mr.Dhruba Ghosh, Adv.Mr.Sarathi Dasgupta, Adv.Mr.Asoke Basu, Adv.For the respondent : Mr.S.S.Bose, Adv.Mr.Kuldip Mullick, Adv.Heard On : 1st, 12th and 16th September, 2014 Judgment On : 07/11/2014 Arijit Banerjee, J. (1) This application has taken out by the plaintiff/petitioner praying for a judgment upon admission against the respondent for the sum of Rs.54,05,000/-. (2) The petitioners Case: The petitioners case is that a tripartite agreement dated September 19, 2009 was entered into by and between the petitioner, the respondent and the respondents C & F agent Sunrise Telelinks PVT.LTD.wherein the petitioner was appointed by the respondent as a super distributor for mobile handsets/phones in various parts of West Bengal. According to the said arrangement the pe...
Renu Agarwala and ors. Vs. Sushila Devi Agarwal and ors.
Court: Kolkata
Decided on: Nov-07-2014
In The High Court at Calcutta Ordinary Original Civil Jurisdiction Original Side GA1005of 2013 CS95of 2013 Renu Agarwala and Ors. -VsSushila Devi Agarwal and Ors. Present: : The Honble Justice Arijit Banerjee For the petitioner : Mr. Suman Dutta, Adv. Mr. M.S. Tewari, Adv. Mr. S.K. Tewari, Adv. For the respondents : Mr. S.P. Sarkar, Sr. Adv. Mr. Asit Baran Routh, Adv. Mr. Subhodeep Sen, Adv. Mr. Bimalendu Das, Adv. Heard On :28. h and 29th August, 2014 Judgment On :07. 11/2014 Arijit Banerjee, J.(1) Maharshi Menhi Charitable Trust (hereinafter referred to as the said Trust) is a public charitable trust that was formed in the year 1999. Disputes and differences between the two groups of trustees of the said trust have culminated in the present suit and application. (2) The undisputed facts of the case are that by a deed of declaration of trust dated 19th May, 1999, the defendant No.1 settled the said trust. The first trustees of the said trust were the plaintiff No.1, defendant No.1, Sm...
Wrinkle Marketing Pvt. Ltd. Vs. Roselabs Bioscience Ltd.
Court: Kolkata
Decided on: Nov-07-2014
In The High Court At Calcutta Ordinary Original Civil Jurisdiction Original Side GA1106of 2014 CS120of 2014 Wrinkle Marketing PVT.LTD.-vs.Roselabs Bioscience LTD.Present : The Honble Justice Arijit Banerjee For the petitioner : Mr.Ranjan Bachawat, Sr.Adv.Mr.Swarup Banerjee, Adv.Mr.Soumen Mohanty, Adv.Mr.Rajeev Kr. Jain, Adv.For the respondent : Mr.Moloy Singh, Adv.Mr.Supriya Saha, Adv.: 4th, 11th, 24th and 25th September, 2014 Heard on Judgment on : 07/11/2014 Arijit Banerjee, J. (1) This is an application for judgment on admission of a sum of Rs.3,69,00,000/-. There are other prayers in the application including prayers for furnishing of security by the defendant, injunction restraining the defendant from dealing with its assets and properties, appointment of receiver for taking possession of the assets and properties of the defendant, but such prayers have not been pressed. Only the prayer for judgment on admission has been pressed by the plaintiff. The case of the plaintiff/petition...
Rajeev Maheshwari and ors. Vs. Indu Kochar and ors.
Court: Kolkata
Decided on: Nov-07-2014
In The High Court At Calcutta Ordinary Original Civil Jurisdiction Original Side GA2826of 2013 CS328of 2013 Rajeev Maheshwari and ORS.versus Indu Kochar and ORS.Present : The Honble Justice Mr.Arijit Banerjee For the petitioners : Mr.Hirak Mitra, Sr.Adv.Mr.Sakya Sen, Adv.Mr.Saunak Mitra, Adv.Ms.Noelle Banerjee, Adv.Ms.Debjani Chatterjee, Adv.For the respondents : Mr.Ranjan Deb, Sr.Adv.Mr.Jishnu Saha, Adv.Mr.Pratik Ghosh, Adv.Mr.Sayak Mitra, Adv.Heard on Judgment on : 08/08/2014 and 20/08/2014 : 07/11/2014 Arijit Banerjee, J. (1) By way of this application the petitioners seek to restrain the respondents from proceeding with the arbitration initiated by the respondents against the petitioners which is pending before the Arbitral Tribunal. Both the petitioners and respondents agree that the result of this application will depend on a true and proper construction of three orders passed by this Court on December 23, 2011, March 13, 2012 and October 11, 2012. Before coming to the said ordeR...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Nov-07-2014
In The High Court At Calcutta Testamentary and Intestate Jurisdiction Original Side GA2018of 2013 PLA88of 1976 In the goods of: Subodh Gopal Bose And In the matter of Dipak Kumar Sarkar And Aloke Sen and ORS.Present : The Honble Justice Mr.Arijit Banerjee For the Applicant : Mr.Nirmalya Dasgupta, Adv.Mr.Somenath Bose, Adv.For the Respondent No.4 : Mr.R.L.Mitra, Adv.Ms.Priyanka Dhar, Adv.Heard On : 21st August and 25th August, 2014 CAV On : 9th September, 2014 Judgment On : 07/11/2014 Arijit Banerjee, J. (1) One Subodh Gopal Bose, was the owner of substantial properties, both movable and immovable. He died on August 1, 1975 after having made and published his last Will and Testament dated July 8, 1975 leaving behind as his only legal heiRs.his wife Kamala Bose and four daughters namely Durgarani Sen, Gita Dutta, Bharati Das and Krishna Sarkar, who are the beneficiaries under the said Will and Testament. Kamala Bose expired in 1977. Gita Dutta expired in June, 2012 and the present petiti...
Sri Asit Kumar Dutta and anr. Vs. Eastern Coalfields Ltd.
Court: Kolkata
Decided on: Nov-03-2014
ORDER SHEET GA2992of 2014 With CC240of 2001 IN THE HIGH COURT AT CALCUTTA Special Civil Jurisdiction ORIGINAL SIDE Sr.ASIT KUMAR DUTTA & ANR. Versus EASTERN COALFIELDS LTD.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 3rd November, 2014. Ms.Ajaya Mitra, Adv.Mr.Kamal Krishna Chakraborty, Adv..for the petitioneRs.Mr.Tilak Bose, Adv.Mr.Arindam Mukherjee, Adv.Mr.Partha Basu, Adv.Mr.N.K.Roy, Adv..for the respondent. The Court:-The contempt application and the amendment to the contempt application are pending adjudication. During the pendency of the both the applications, it is submitted on behalf of the Eastern Coalfields Limited that, they are ready to issue delivery order for 11,200 M.T.of G-6 grade coal to the petitioner no.1 at the rate of the prevailing price of coal as on the date of lifting of coal. The parties are at issue as to the period of payment for taking delivery of such coal and the period for delivery of such coal. The petitioners before me contend that, they must have ...
Vs. the Kolkata Municipal Corporation and ors.Responden
Court: Kolkata
Decided on: Nov-03-2014
ORDER SHEET T. No.310 of 2014 W.P.No.of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BHASKAR BASU Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 3rd November, 2014. For Petitioner : Mr.Saptangsu Basu, Sr.Adv.with Mr.S.Chakraborty, Adv.For KMC : Mr.L.C.Bihani, Sr.Adv.with Mr.Arijit Dey, Adv.For Respondent nos.6&7 : Mr.Souradipta Banerjee with Mr.Amaresh Kr. Dhar, Adversus In spite of the order dated 26th September, 2014 in W.P.No.927 of 2014 [Bhaskar Basu versus Kolkata Municipal Corporation & Ors.]., the specialised committee of the Kolkata Municipal Corporation and the Mayor in Council have not been able to consider the issue whether premises no.121/1C, Bidhan Sarani, Kolkata 700 004 should be declared as a heritage building or not. Time was given to them till 26th October, 2014 to do so. Till such time there was an order of injunction on the sixth and seventh respondents restrai...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Nov-03-2014
G.A.No.3242 of 2014 APO375of 2014 W.P.No.384 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side LLOYD INSULATIONS (INDIA) LTD.Versus STATE OF WEST BENGAL & ORS.Appellant Respondents BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ARIJIT BANERJEE Date : 3rd November, 2014. For the Appellant : Mr.Anirban Roy with Mr.C.M.Ghorawat, Advocates For Respondent No.4 : Mr.Piyush Chaturvedi, Advocate For Respondent/State : Mr.Samrat Sen, Advocate with Mr.S.Dhar, Advocate THE COURT : Heard counsel for the appellant-writ petitioner and also the party respondent who was the complainant before the Council. We enactment, The are Micro, concerned with Small Medium and the special Enterprises Development Act, 2006 which indicates how a micro small and medium enterprise if involved in a litigation has to be dealt with. It is not in dispute on the complaint of the party respondent, the West Bengal State Micro and Small Enterprises Facilitation Counci...
With Mr. Hasmukh Kundalia and Mr. Vipul Kundalia, Ad Vs. for Responden ...
Court: Kolkata
Decided on: Nov-03-2014
ORDER SHEET W.P.No.934 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE EMAMI LTD.Versus ASST COMMISSIONER OF CUSTOMs.SPECIAL TAX RECOVERY CELL [PORT].& ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 3rd November, 2014. For Petitioner : Dr. Samir Chakraborty, Sr.Adv.with Mr.Hasmukh Kundalia & Mr.Vipul Kundalia, Adversus For Respondent Nos.1,2 & 3 : Mr.S.B.Saraf with Mr.Subir Kr. Saha, Adversus On 25th September, 2014, I directed the Customs authorities to produce the records of the case in Court today. The material records are not produced. Mr.Saraf, learned counsel for the respondent Nos.1, 2 and 3, submits that these records are misplaced and could not be retrieved. It appears from a copy of a document handed up to this Court by Mr.Chakraborty, learned senior counsel for the petitioner, that an order in original was passed by the Assistant Commissioner of Customs on 24th September, 2009. In that order there was a presumpti...
M/S. Eastern Coalfields Limited Vs. Smt. Mahangi Bhuiya and ors.
Court: Kolkata
Decided on: Nov-03-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Justice Banerjee And The Honble Justice Ashis Kumar Chakraborty 03.11.2014 APO418of 2014 WP195of 2013 M/S.Eastern Coalfields Limited versus Smt. Mahangi Bhuiya & ORS.Mr.Aloke Banerjee, Advocate with Mr.Bijoy Kumar, Advocate MRS.Sanchita Barman Roy, Advocate for the appellant Mr.Partha Ghosh, Advocate with Mr.Shamik Chatterjee, Advocate for the respondents The Court :- The present case has a distinctive feature. As per the National Coal Wage Agreement if an employee of the Coal Company dies in harness his ward would get compassionate employment. In the present case the concerned employee died on June 6, 1993. The respondent, claiming to be the widow, applied for compassionate appointment that, according to her, was rejected as there was rival claim. The concerned employee was appointed on January 3, 1993 when he nominated some body else as his wife. Subsequently, the name of the respondent was ...
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