Kolkata Court February 2014 Judgments
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L and T Finance Ltd Vs. Venkatesh Logistics Pvt Ltd and anr
Court: Kolkata
Decided on: Feb-20-2014
AP No.206 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD Versus VENKATESH LOGISTICS PVT LTD AND ANR BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th February, 2014. Appearance: Ms.S.Saha, Adv.Mr.V.N. Misra, Adv.The Court : The respondents are represented and cite a temporary financial crunch for not being able to pay the monthly instalments for about three or four months. The petitioner claims that a sum of Rs.41 lakh is due only on account of defaulted instalments, without taking into account the interest, penalty and other charges payable under the agreement. There will be an order of injunction in terms of prayer (b) of the petition which will, however, not prevent the respondents from using the assets described at paragraph 5 of the petition in the usual couRs.of business till such time that the receiver takes possession thereof. Mr.Ashim Kumar Ganguly, Advocate, of Bar Association Room No.12 is appointed receiver f...
Piyush Bhartia the Karta of Piyush Bhartia (Huf) Vs. Pradeep Kayan
Court: Kolkata
Decided on: Feb-20-2014
1 ORDER SHEET GA No.508 of 2014 APOT No 81 of 2014 CS No.110 of 2003 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PIYUSH BHARTIA THE KARTA OF PIYUSH BHARTIA (HUF) Versus PRADEEP KAYAN BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 20th February, 2014. Appearance: Mr.Reetobroto Mitra with Mr.D.Ghoshal Ld. Advocates for the appellant. Mr.Debnath Ghosh, ld. Advocate For the respondent. The Court :- The respondent must suffer for their lackadaisical approach. For that the learned Judge imposed cost. However, the cost is on the lower side considering the gravity of the situation. Hence this appeal at the instance of the appellant-plaintiff. Mr.Mitra appearing for the appellant would rely upon the Division Bench decision of this Court reported in 2008 (1) CHN629[Jayashree Tea Industries Ltd v. General Magnets Ltd].passed by Mr.S.S.Nijjar, CJ and Mr.Pinaki Chandra Ghose,J. Mr.Mitra would draw our attention to paragraphs 6 and 7 of t...
Srei Equipment Finance Limited Vs. Arunendu Sarkar
Court: Kolkata
Decided on: Feb-20-2014
AP No.123 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus ARUNENDU SARKAR BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th February, 2014. Appearance: Mr.S.Banerjee, Adv.The Court : The respondent is not represented despite service. The petitioner claims that a sum in excess of Rs.60 lakh is due only on account of defaulted instalments. The petitioner relies on a letter dated February 21, 2013, apparently issued by the respondent indicating that the respondent desired to surrender seven of the 16 assets covered by the agreement. The petitioner says that all seven assets are now being used by Bharat Coking Coal Limited. There will be an order of injunction in terms of prayer (h) of the petition which will, however, not prevent the respondent from using the assets covered by the agreement in the usual couRs.of business. Mr.Arun Datta, Advocate, of Bar Association Room No.9 is appointed receiver for the ...
Paridhi Merchandise Pvt Ltd and ors Vs. Debi Kamal Trust Estate and or ...
Court: Kolkata
Decided on: Feb-20-2014
1 ORDER SHEET GA No.445 of 2014 APOT No.64 of 2014 AP No.1460 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PARIDHI MERCHANDISE PVT LTD & ORS Versus DEBI KAMAL TRUST ESTATE AND ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 20th February, 2014. Appearance: Ms.A.Mitra with Mr.K.Banerjee and Mr.S.N. Biswas, Advocates for the appellant. Mr.Hirak Mitra, Sr.Advocate with Ms.S.Chatterjee For the respondent. Mr.Jayanta Mitra, Sr.Advocate with Mr.Arik Banerjee Ld. Advocates for the Arbitrator. The Court :- We are faced with a litigation we must admit, something has rotten somewhere. It is stinking. Parties entered into a property transaction. The agreement provided for an arbitration clause. A senior Counsel of this Court was invited to resolve the impasse through alternative disputes resolution mechanism as Arbitrator. The learned senior Counsel was kind enough to accept the appointment that was entrusted to him by consen...
Shivani Properties Pvt. Ltd. Vs. United Bank of India
Court: Kolkata
Decided on: Feb-20-2014
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Mr.Justice Arijit Banerjee A.P.D.No.304 of 2013 C.S.No.31 of 1998 Shivani Properties PVT.LTD.-Vs.United Bank of India For the Appellant : Mr.Ahin Choudhury, Senior Advocate, Mr.Sabyasachi Choudhury, Advocate, Mr.Avinash Kankani, Advocate, Mr.Anil Dhar, Advocate For the Respondent Advocate, : Mr.Partha Sarathi Bose, Senior Mr.Subrata Datta, Advocate Heard On : January 13 and 20, 2014 Judgment On : February 20, 2014 ASHIM KUMAR BANERJEE, J. I have the opportunity to read the well-versed judgment of Hon'ble Justice Mr.Arijit Banerjee. I fully agree with his Lordship's view on the cross-objection raised by the bank. In my considered view, Section 47 of the Code of Civil Procedure would have no application in the instant case. I do not wish to reiterate the reasons that the learned Single Judge discussed in detail and once again considere...
Subhashish Bagchi and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Feb-20-2014
WP No.59 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUBHASHISH BAGCHI & ANR. Versus UNION OF INDIA & ORS.Appearance Mr.Lakshmi Gupta, Sr.Adv.Mr.Soumya Majumdar, Adv.Petitioners Mr.R.N.Bag, Adv.Respondent No.1 Mr.Saptangsu Bose, Adv.Mr.Somenath Bose, Adv.Port Trust Authority BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th February, 2014. The Court : A short legal issue which appears to be covered by a Supreme Court judgment has arisen in this case. The petitioner, who is now the Manager (Finance) at the Haldia Dock Complex of the Kolkata Port Trust and officiating as the Financial Advisor and Chief Accounts Officer, contends that the amendment to the rules made for the post of Financial Advisor and Chief Accounts Officer after the vacancy in that post had arisen would not apply to the process of filling up the vacancy which had arisen but will only apply upon future vacancies arising for the post. The facts are not much in dispute. The v...
Magma Fincorp Ltd. Vs. Md. Parvez Khan and anr.
Court: Kolkata
Decided on: Feb-20-2014
AP No.1177 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.Versus Md.PARVEZ KHAN & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th February, 2014. Appearance: Mr.A.Mitra, Adv.The Court : The respondents are not represented despite being represented on January 22, 2014, when time had been sought for a proposal to be given to pay off the defaulted instalments. Advocate representing the respondents has been served notice of todays hearing. The order dated January 22, 2014 recorded the petitioners claim to be in excess of Rs.4.57 lakh only on account of defaulted instalments and required the respondents to pay a sum of Rs.2 lakh before the matter appeared next. 2 Since no payment has been made, Mr.Ashis Kumar Guha, Advocate, of Bar Association Room No.4 is appointed receiver for the purpose of taking possession of the assets covered by the agreement. If, however, the respondents make over a demand draft or pay order or...
Srei Equipment Finance Pvt. Ltd. Vs. M/S. Aqdas Maritime Agency Pvt. L ...
Court: Kolkata
Decided on: Feb-20-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.202 of 2014 SREI EQUIPMENT FINANCE PVT.LTD.Versus M/S.AQDAS MARITIME AGENCY PVT.LTD.& AP No.234 of 2014 AQDAS MARITIME AGENCY PVT.LTD.Versus SREI EQUIPMENT FINANCE PVT.LTD.& AP No.235 of 2014 AQDAS MARITIME AGENCY PVT.LTD.Versus SREI EQUIPMENT FINANCE PVT.LTD.& AP No.278 of 2014 AQDAS MARITIME AGENCY PVT.LTD.Versus SREI EQUIPMENT FINANCE PVT.LTD.Appearance Mr.Satarup Banerjee, Adv.Mr.Sakya Sen, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th February, 2014. The Court : The earliest of the four petitions is by the finance company and is founded on an order of December 4, 2013 disposing of three petitions pertaining to three agreements between the parties. The three other petitions are by the hirer. The order dated December 4, 2013, passed in presence of the parties representatives, recorded that the finance company claimed a total sum of Rs.2.85 crore to be due as at November 22, 2013 and ...
Poddar Projects Ltd. Vs. Cesc Ltd.
Court: Kolkata
Decided on: Feb-20-2014
ORDER SHEET GA NO.372 OF2014WITH CS NO.185 OF1997IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PODDAR PROJECTS LTD.Versus CESC LTD. BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 20th February, 2014. Mr.A.ChakrabortyappeaRs.Mr.A.Mitra, Mr.A.Roy, Mr.S.N.Pyneappear. Ms.C.BhattacharyyaappeaRs.The Court : In terms of the order dated 11th February, 2014 the Director General, West Bengal Fire & Emergency Services conducted an inspection of the portion of the premises, which is under occupation of the CESC LTD.and has filed a report in a sealed cover, which may be opened and kept on record. Let a copy of the said report be circulated amongst the parties. The report clearly states that there is a gross violation of fire and life safety measures in respect of the entire building in question. So far as the Courts specific query, as contained in the order dated 11th February, 2014 is concerned, the Director General has placed reliance on sub-section [1].o...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Feb-20-2014
APO NO.25 OF2014ACO NO.14 OF2014IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction IN THE MATTER OF : UMA SHANKAR GUPTA & ANR. AND VISHAL PROMOTORS PVT LTD & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 20th February, 2014. APPEARANCE: MR.J.CHOWDHURY, MR.V.KUNDALIA,MR.K.SHAH, MR.S.GHOSE, ADVOCATES FOR APPLICANTS MR.RATNANKO BANERJEE, MR.P.P.BISWAL, MR.L.CHATTERJEE, ADVOCATES FOR RESPONDENT NOS.1 AND10The Court :This appeal has been filed from the order dated 7th January, 2014 passed by the Company Law Board, Calcutta Bench. By the said order the interim order passed on 10th December, 2013 was directed to continue till the next date of hearing. Respondents were also restrained from holding any Board meeting without leave of the Board and altering the shareholding pattern. The documents of title were also directed to be produced on the next date of hearing. No stay of the Board resolution dated 14th August, 2013 was granted whereby one Mr.Vikram Sikari was appointed as an addi...
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