Kolkata Court February 2014 Judgments
Srei Equipment Finance Private Limited Vs. M/S. Classic Super Construc ...
Court: Kolkata
Decided on: Feb-28-2014
AP No.541 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED Versus M/S.CLASSIC SUPER CONSTRUCTION & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 28th February, 2014. Appearance: Mr.Utpal Bose, Adv.Petitioner Mr.Pradip Kumar, Adv.Respondents The Court : The respondents are represented and no offer or any earnest money in support of any offer is carried to Court despite the matter having been adjourned earlier with the specific observation that if the respondents had a purchaser for the two assets covered by the agreement, adequate earnest deposit in support of the offer should be brought today. The receiver has received an offer of Rs.26 lakh for the two assets. The sale of the two assets is confirmed in favour of NEM Engineering Projects Private Limited of Bhubaneswar at Rs.26 lakh, subject to the entire consideration being made over by way of a bankers cheque or pay order or like instrument, not be...
Tag this Judgment!Sima Sengupta Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-28-2014
ORDER SHEET WP1592014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SIMA SENGUPTA Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date : 28th February, 2014. The Court : The petitioner was a panel advocate of the State of West Bengal since 1995 till May 2011. She is aggrieved because the bills raised by her for professional services rendered have not been cleared. I have heard learned advocates for the parties. It is not in dispute empanelled advocate for nearly 16 yeaRs.that the petitioner had been an In my considered view, the office of the Legal Remembrancer owes a duty to look into the bills that have been raised by the petitioner and to say, for good reasons, to what extent she is not entitled to the fees charged by her and to release such quantum of payment to the petitioner, as are found to be admissible. That would necessarily require consideration of the bills in the light of other materials to ascertain as to whether...
Tag this Judgment!Swapan Kumar Das Vs. Tapan Kumar Sen and ors.
Court: Kolkata
Decided on: Feb-28-2014
AP No.1434 of 2013 AP No.1435 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SWAPAN KUMAR DAS versus TAPAN KUMAR SEN & ORS.BEFORE: The Honble JUSTICE SANJIB BANERJEE Date: 28th February, 2014 Appearance: Mr.Swapan Kumar Das (In person) Mr.S.N. Mookerji, Sr.Adv.Mr.Ratnanko Banerji, Adv..for the respondents. Mr.Tapan Sen (In person) Mr.J.K. Chaurasia, Adv..for the employees The Court: The disputes between the petitioner and the other partners of firm Mukherjee & Biswas and with firm Mukherjee & Biswas stand settled on the following terMs.1. The sum of Rs.11.86 lakh has already been paid as recorded in the order dated February 18, 2014 in full and final settlement of the fiRs.item at page 64 of the petition under Section 9 of the Arbitration and Conciliation Act, 1996.2. A cheque for Rs.25,08,128/- has been made over by the respondent nos.2 to 5 to the petitioner in Court today as full and final settlement of the claim under item no.3 at page 64 o...
Tag this Judgment!Harsh Vardhan Lodah Vs. the Institute of Chartered Accountants of Indi ...
Court: Kolkata
Decided on: Feb-28-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction ORIGINAL SIDE GA No.3832 of 2013 ACA No.5 of 2013 HARs.VARDHAN LODAH Versus THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA And GA No.3834 of 2013 ACA No.6 of 2013 ADITYA VIKRAM LODAH Versus THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 28th February, 2014. For the Appellant : Mr.A.K. Mitra, Senior Advocate with Mr.Pratap Chatterjee, Senior Advocate, Mr.Abhrajit Mitra, Mr.Sanjiv Trivedi, Mr.Jishnu Chowdhury, Mr.Sarvapriay Mukherjee and Mr.Soumya Roy Chowdhury, Advocates For I.C.A./Respondent : Mr.Anirban Roy with Mr.Chayan Gupta, Ms.Swati Bhattacharyya and Mr.Jaydeep Gupta, Advocates For Complainants Mr.Srijib Chakraborty, Adocate : The Court : This is an appeal against an order dated 29th July, 2013 passed by the Institute of Chartered Accountants of India by which the appellants were punished by removing their names from the Regi...
Tag this Judgment!Niranjan Lal Todi Vs. Nandlal Todi and ors.
Court: Kolkata
Decided on: Feb-28-2014
GA No.2401 of 2013 AP No.483 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NIRANJAN LAL TODI -VersusNANDLAL TODI & ORS.Appearance: Mr.Joy Saha, Adv.Ms.Rakhi Shroff, Adv...for the petitioner. Mr.Ranjan Bachawat, Sr.Adv.Mr.Shaunak Mitra, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : February 28, 2014. The Court : G.A.No.2401 of 2013 is an application for restoration of a petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, A.P.No.483 of 2010. After the matter was taken up for hearing at the post-affidavit stage and it was observed by the Court that the affidavit in support of the restoration application had been affirmed in a reckless manner, an application was filed for amendment of the affidavit which was allowed on February 27, 2014. The affidavit in support of the restoration application has since been amended. If the allegations in the application are taken at face value, it would i...
Tag this Judgment!T.V.S. Electronics Limited Vs. Assistant Commissioner, Commercial Taxe ...
Court: Kolkata
Decided on: Feb-28-2014
ORDER SHEET Wp No.115 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE T.V.S.ELECTRONICS LIMITED Versus ASSISTANT COMMISSIONER, COMMERCIAL TAXES, CORP. DIVISION, & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 28th February, 2014. Appearance : Mr.M.Bose with Miss R. Dutta, Advocates. for the petitioner Mr.S.Mukherjee, Advocate. for the respdt. The Court : The order dated 22nd May, 2013 passed by the West Bengal Commercial Taxes Appellate and Revisional subject matter of challenge in this writ petition. Board is the The petitioner files a revisional application before the Board challenging an order of affirmation disallowing the concessional rate of Central Sales Tax for non-production of the C Form. date for hearing of the said revisional The Board fixed the application, but an adjournment was sought by the petitioner which the Board finds that the same is not supported by sufficient explanation. The Board not only rejected the application f...
Tag this Judgment!Nawdeep Singh Vs. Official Liquidator and anr.
Court: Kolkata
Decided on: Feb-28-2014
ORDER SHEET C.A. No.401 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE ANGELO BROTHERS [IN LIQUIDATION]. -AndNAWDEEP SINGH Versus OFFICIAL LIQUIDATOR & ANR. BEFORE: The Hon'ble JUSTICE ANIRUDDHA BOSE Date :28. h February, 2014. Mr. Nirmaljit Singh Hoon appears in person In this proceeding, there is a subsisting dispute as to whether the order of winding up passed pertaining to Angelo Brothers Ltd. is at all subsisting or not. Such dispute arises as Mr. Hoon submits that the petition for winding up was permanently stayed by an Honble Single Judge of this Court on 16th September, 1983. In an affidavit filed on behalf of the Official Liquidator, affirmed on 18th July, 2012, it has been stated that the order of 16th September, 1983 was recalled. In the judgement reported in 1998 CWN340[Angelo Brothers Ltd. [In Liquidation]. vs. The Official Liquidator, High Court, Cal. & Ors.]., an Honble Division Bench of this Court presided over by His Lordship The Honble Chief...
Tag this Judgment!Architecture Private Ltd. Vs. Cricket Association of Bengal
Court: Kolkata
Decided on: Feb-28-2014
ORDER SHEET GA No.554 of 2014 With CS No.191 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RDG INTERIOR DECORATION EXTERIOR ARCHITECTURE PRIVATE LTD.Versus CRICKET ASSOCIATION OF BENGAL BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 28th February, 2014. Appearance: Mr.Amitesh Banerjee, Adv.Mr.Rajat Dutta, Adv.The Court: Mr.Amitesh Banerjee, learned Counsel appearing on behalf of the defendant, submits that the defendant has been all throughout diligent in contesting the interlocutory application arising out of the suit and due to oversight the written statement could not be filed. Moreover, the defendant could not immediately collect all the papers which would be necessary for preparation of the Written Statement. Accordingly, the learned Counsel prays for extension of time to file the written statement. Although the suit was filed in the year 2009, but the plaintiff has not taken any steps for early hearing of the suit. However, that does not ...
Tag this Judgment!Bengal Aerotropolis Projects Ltd Vs. Housing and Urban Development Cor ...
Court: Kolkata
Decided on: Feb-28-2014
ORDER SHEET ACO NO.17 OF2014APO NO.41 OF2014IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BENGAL AEROTROPOLIS PROJECTS LTD Versus HOUSING & URBAN DEVELOPMENT CORP. LTD (HUDCo.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 28th February, 2014. Mr.S.N.Mookherjee,Sr.advocate, Mr.Jishnu Chowdhury, Advocate for appellant Mr.Jayanta Mitra, Sr.advocate, Mr.Joydeep Kar, advocate for the respondents The Court : This appeal has been filed under Section 10F of the Companies Act, 1956 from order dated 15th January, 2014. By the said order C.A.200 of 2013 filed by the appellant herein who is the original respondent No.4 before the Company Law Board was dismissed for the reasons set out in the said order. Counsel for the appellant submits that the said order is perveRs.as no cause of action has been pleaded against the appellant/respondent No.4. The petitioner HUDCO who filed the 397, 398 proceedings was aggrieved by the affairs of the respondent No.1 company in which t...
Tag this Judgment!Union of India Vs. Panihati Rubber Limited
Court: Kolkata
Decided on: Feb-28-2014
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AP No.1398 of 2013 UNION OF INDIA -VERSUS- PANIHATI RUBBER LIMITED For the Petitioner: For the Respondent: Mr Malay Kumar Das, Adv., Ms Aparna Banerjee, Adv.Mr Mr Mr Mr Mr Jishnu Saha, Adv., Sakya Sen, Adv., Manali Bose, Adv., Ashis Mukherjee, Adv., Surabhi Banerjee, Adv.AP No.1439 of 2013 UNION OF INDIA -VERSUS- NATIONAL PROJECT CONSTRUCTIONS & CORPORATION LIMITED For the Petitioner: Mr Partha Sarathi Bose, Sr Adv., Ms Aparna Banerjee, Adv.For the Respondent: Mr Jishnu Chowdhury, Adv.Hearing concluded on: February 25, 2014. BEFORE SANJIB BANERJEE, Judge Date: February 28, 2014. SANJIB BANERJEE, J. : The common question of law that arises in these two petitions may have to be differently answered in the light of a perceived judicial aberration. The primary ground urged by the railways in challenging the arbitral award in either case is that the constitution of the arbitral tribunal was at variance with th...
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