Kolkata Court December 2014 Judgments
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Samar Kumar Basu and anr. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-09-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak G.A.No.3136 of 2014 W.P.No.254 of 2012 Samar Kumar Basu & Anr. versus The State of West Bengal & ORS.For the Petitioners : Mr.Sabyasachi Chowdhury, Advocate Mr.Rajarshi Dutta, Advocate For the Respondents : Mr.Joydeep Kar, Sr.Advocate Mr.S.Sarkar, Advocate Mr.S.Bhattacharjee, Advocate Hearing concluded on : December 02, 2014 Judgment on : December 09, 2014 DEBANGSU BASAK, J.:- The writ petitioner is a lessee of a plot of land at the Behala Industrial Estate. The lease in favour of the petitioner No.1 had expired by efflux of time in 2008. The writ petitioners entered into negotiations with the respondent authorities for renewal of the lease as well as bifurcation of the plot. During such negotiations it was agreed that, petitioner No.1 will give up a portion of the lease area in favour of the petitioner No.1. The writ petitioners seek an order on the respondents to...
Sm. Pramila Saharia Vs. Mahesh Kumar Saharia and anr.
Court: Kolkata
Decided on: Dec-09-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen C.S.O.S.No.6 of 2014 SM. PRAMILA SAHARIA versus MAHESH KUMAR SAHARIA & ANR. For the plaintiff : Mr.Mr.Amitesh Banerjee, Sr.Adv.Mr.S.Singhania. For the defendants : Mr.Jayanta Kr. Mitra, Sr.Adv.Heard on : 08.08.2014, 11.08.2014, 07.11.14 Judgment on : 9th December, 2014. Soumen Sen, J.:- The originating summon has been taken out by the Sm. Pramila Saharia for determination of following questions and matteRs.a) Whether in terms of the Deed of Settlement a female heir and/or member of the family of the Settlor is eligible and competent to become a trustee of the trust. b) Whether the plaintiff is an heir of the Settlor and/or a member of his family. c) Whether in terms of the provisions of the Deed of Settlement the plaintiff is qualified to be appointed as trustee of the trust. d) Whether the Board of Trustees of the trust should consist of minimum three trustees for l...
Sleepwell Industries Co. Ltd. Vs. Lmj International Ltd.
Court: Kolkata
Decided on: Dec-04-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE EC No.487 of 2013 With EC No.488 of 2013 SLEEPWELL INDUSTRIES Co.LTD.Versus LMJ INTERNATIONAL LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 4th December, 2014. For Petitioner : Mr.Tilok Bose, Senior Advocate with Mr.Dhruba Ghosh, Advocate and Mr.A.Dey, Advocate For Respondent : Mr.Surojit Nath Mitra, Senior Advocate with Mr.Shyamal Sarkar, Senior Advocate and Mr.D.N. Sharma, Advocate th The Court : The execution application was moved on 16 January 2014 for enforcement of a foreign award. At the time of receiving the said application an interim order was passed restraining the judgment debtor from withdrawing any sum from the bank accounts mentioned in paragraph 26 of the affidavit in support of the Tabular Statement, save and except, in the usual couRs.of business. The original award and the certified copy of the agreement were produced in court. The originals were returned to the decree ho...
K.D. Fabrics Pvt Ltd. and Anr. Vs. State Bank of India and Ors.
Court: Kolkata
Decided on: Dec-04-2014
ORDER SHEET WP1125of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE K.D.FABRICS PVT LTD.& ANR. Versus STATE BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 4th December, 2014. Mr.Swarup Banerjee, Adv..for the petitioneRs.Mr.Kunaljit Bhattacharya, Adv.Mrs.S.Chakraborty, Adv..for the respondents. The Court: The purchaser of an immovable property put up for sale by the State Bank of India under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI ACT, 2002).is before Court seeking refund of his purchase price together with reasonable rate of interest from the date of sale until receipt of payment. I have not invited any affidavit in the writ petition. Learned Counsel for the Bank submits that, the prayer of the writ petitioners in the writ petition is not for refund of purchase price along with interest. The writ petitioners are seeking possession of the immovable propert...
Sahaj Evillage Limited Vs. Oracle India Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Dec-03-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGANAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN G.A.No.3430 of 2013 SAHAJ E-VILLAGE LIMITED Versus ORACLE INDIA PVT.LTD.& ANR. For the plaintiff : Mr.S.N.Mukherjee, Sr.Adv.Mr.Satarup Banerjee, For the Defendant No.2 : Mr.Pratap Chatterjee, Sr.Adv.Heard On : 04.08.2014, 13.08.2014, 18.08.2014, 25.08.2014, 08.09.2014, 19.09.2014, 29.10.2014, 03.11.2014, 10.11.2014, 19.11.2014. 19.11.2014. Judgment On : 3rd December, 2014 Soumen Sen, J.:- This is an application for revocation of leave under Clause 12 of the Letters Patent and rejection of the plaint at the instance of the defendant No.2. The applicant defendant no.2 has prayed for dismissal on the ground that the plaint does not disclose any cause of action against the defendant no.2. It was further alleged that no part of the cause of action has arisen within the jurisdiction of this Honble Court. Mr.Pratap Chatterjee the learned senior Counsel appearing on behalf of ...
Mangalam Fiscal Services Pvt. Ltd. Vs. State Bank of India
Court: Kolkata
Decided on: Dec-03-2014
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present:The Honble JUSTICE SOUMEN SEN G.A.No.914 of 2014 MANGALAM FISCAL SERVICES PVT.LTD.versus STATE BANK OF INDIA For the Plaintiff : Mr.Satarup Banerjee For the Defendant No.1 : Mr.Ranjan Bachawat, Sr.Adv.Mr.Sreyea Basu Mallick Heard On : 22.08.2014, 29.08.2014, 29.10.14, 05.11.2014, 17.11.2014. Judgment On : 3rd December, 2014 Soumen Sen, J.:- This application is at the instance of the defendant Bank for rejection and or dismissal of the plaint on the ground that the suit is barred under Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act).The plaintiff has instituted the suit on 18th December, 2013 praying, inter alia, for a declaration that the classification of the account of the plaintiff borrower in the cash credit account maintained with the bank as non-performing asset is bad and all meas...
Rkbk Fiscal Services Pvt. Ltd. and anr. Vs. Uco Bank
Court: Kolkata
Decided on: Dec-02-2014
ORDER SHEET WP No.652 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RKBK FISCAL SERVICES PVT.LTD.AND ANR. Versus UCO BANK BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 2nd December, 2014. Mr.Srenik Singhvi, Ms.Sananda Ganguli, Adversus for the petitioners Mr.Uday Sankar Bhattacharya, Mr.Sailesh Mishra, Adversus for the bank The Court : The writ petitioners seek return of title deeds belonging to the petitioner No.1 from the respondent. The petitioner No.1 enjoyed credit facilities from the respondent. As security, original title deeds in respect of two shops lying and situate at City Centre, Block DC, Sector-1, Salt Lake was deposited with the respondent. Learned counsel for the petitioners relies on the letter dated December 28, 2004 written by the respondent. Such letter, according to the learned counsel, lays down the terms and conditions for the sanction of the credit facilities. The rate of interest was agreed to be 7% per annum floating ...
Ram Chandra Rungta Vs. Ram Swarup Rungta and ors.
Court: Kolkata
Decided on: Dec-02-2014
A.P.No.662 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Ram Chandra Rungta versus Ram Swarup Rungta & ORS.Appearance: Mr.Pratap Chatterjee, Sr.Advocate Mr.Samrat Sen; Advocate Mr.Paritosh Sinha, Advocate; Mr.K.K.Pandey, Advocate; Mr.Sourav Gupta; Advocate ..Advocate for petitioner Mr.Chayan Gupta; Ms.Nairita Dutta Chowdhury, Advocate; .Advocate for Respondent No.1to 4 Heard On:- 21.11.2014 Judgement On: - 02.12.2014 I.P.MUKERJI, J. The Arbitration and Conciliation Act, 1996 contains some very remarkable provisions, like sections 14 and 15. In this case, only section 14 has been invoked by the petitioner. It stipulates the circumstances in which an arbitrators mandate is terminated. De facto he becomes incapable of acting or de jure he is unable to act. Or he unduly delays matteRs.There is another provision in the Act which is relevant in this case. It is Section 15. It inter alia supports the contention that if an arbitrator is required to ma...
Shakuntala Jaiswal Vs. Allahabad Bank and ors.
Court: Kolkata
Decided on: Dec-02-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Debangsu Basak W.P.No.1065 of 2014 Shakuntala Jaiswal versus Allahabad Bank & ORS.For the Petitioner : Mr.Nimish Mishra, Advocate For the Respondents : Mr.Om Narayan Rai, Advocate Hearing concluded on : November 25, 2014 Judgment on : December 02, 2014 DEBANGSU BASAK, J.:- Measures taken by a secured creditor under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) is under challenge at the instance of the writ petitioner. The writ petitioner is the owner of an immovable put up for sale by the secured creditor under the provisions of the SARFAESI Act, 2002. The writ petitioner claims that, the secured creditor did not obtain her consent when the secured creditor extended the time to put in the balance purchase price by the purchaser, in terms of Rule 9 of the Security Interest (Enforcement) ...
West Bengal Tea Development Corp.Ltd. Vs. Amiya Kumar Dutta and ors.
Court: Kolkata
Decided on: Dec-02-2014
ORDER SHEET APO No.365 of 2013 WP No.616 of 2004 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE WEST BENGAL TEA DEVELOPMENT CORP.LTD.Versus AMIYA KUMAR DUTTA & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHIS KUMAR CHAKRABORTY Date : 2nd December, 2014. Appearance : Mr.Soumya Majumder and Mr.Indranil Karfa Ld. Advocates for the appellant. The Court :- This appeal would involve a short question as to whether West Bengal Tea Development Corporation Limited could be said to be a State within the meaning of Article 12 of the Constitution of India. We would pin down the issue as Mr.Soumya Majumder, learned Counsel appearing for the appellant, in his usual fairness would submit, if the appellant loses on this issue, there would be hardly anything to argue against the judgment and order impugned on merits. The factual scenario that would bring this controveRs.before us, would go back to a date being March 18, 1998 appointed when Amiya Kumar Dutta, a...
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