Kolkata Court February 2014 Judgments
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Russel Properties and Estate Vs. Indian Aluminium Co Ltd and ors
Court: Kolkata
Decided on: Feb-06-2014
1 ORDER SHEET APO No.363 of 2013 CS No.320 of 2000 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RUSSEL PROPERTIES & ESTATE Versus INDIAN ALUMINIUM CO LTD & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 6th February, 2014. Appearance: Mr.Malay Ghosh, Mr.Paritosh Sinha, Mr.Anurag Gupta, ld. Advocates For the appellant. The Court :- This appeal would arise out of an order of refusal to pass judgment upon admission on the basis of the statement made by one of the defendants in the written statement. The facts would depict, the appellant before us was a lessee under the defendant no.2. Defendant no.2 filed an ejectment suit before the City Civil Court, being Ejectment Suit No.1125 of 1983, that the appellant would contend, had been dismissed. The appellant would claim eviction of the defendant No.1, who was the tenant under the appellant. However, facts would further depict, respondent-defendant no.1 handed over possession to...
Re:uma Shankar Gupta and anr. Vs. Vishal Promotors Pvt Ltd and ors.
Court: Kolkata
Decided on: Feb-06-2014
ORDER SHEET APO No.25 of 2014 ACO No.14 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction RE:UMA SHANKAR GUPTA & ANR. Versus VISHAL PROMOTORS PVT LTD & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 6th February, 2014. Mr.Abhrajit Mitra, Adv., Mr.Jishnu Chowdhury, Adv., Ms.A.Chakraborty, Adv., Mr.Soumabho Ghosh, Adv.with Ms.S.Agarwal, Adv..for appellants. Mr.Ratnanko Banerji, Adv., Mr.Lokenath Chatterjee, Adv.with Mr.Patita Paban Bishwal ..for respondent no.1 & 10. The Court :-Mr.Kushagra Shah and Mr.Patita Paban Bishwal, Advocates are appointed as Special Officers to take possession of all the records including books, documents and papers of the respondent no.1-Company. This order is passed as pursuant to a resolution passed on 14th August, 2013 the registered office of the company was allegedly shifted by the majority shareholders to room no.90, Stephen House, 4, B.B.D. Bag Road(East).kolkata- 700 001. This is the issue which calls for adjudication and for which proceeding...
Prasanta Kumar Mitra and ors. Vs. India Steam Laundry (P) Ltd. and ors ...
Court: Kolkata
Decided on: Feb-06-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CA No.755 OF2011CP No.611 OF1988CA No.485 OF2011CA No.493 OF2011Prasanta Kumar Mitra & ORS.VERSUS India Steam Laundry (P) LTD.& ORS.BEFORE The Honble Justice HARISH TANDON Mr.P.C.Sen, Sr.Adv., Mr.Raj Ratna Sen, Adv., Mr.Goutam Roy, Adv., .for the petitioner No.3 Mr.Joydeep Kar, Adv., Mr.Sirsanya Bandopadhyay, Adv., .for Indrajit Roy & Jayati Roy Mr.Joy Saha, Adv.Mr.Debdut Mukherjee, Adv.Mr.Ranjit Kumar Mitra, Adv..for Srila Mitra & Binota Basu Mr.S.B. Mookherjee, Sr.Adv.Mr.D.N. Sharma, Adv..for the respondent No.3 Mr.S.N. Mukherjee, Sr.Adv.Mr.D.Basu, Adv..for the respondent No.Judgment On HARISH : 06.02.2014 TANDON, J : All these three applications are interconnected and, therefore, have been taken up for hearing together to avoid the prolixity of repetition. These applications are taken out in a Company Petition No.611 of 1988 filed under Sections 397 and 398 of the Companies Act, 1956 alleging the oppres...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Feb-06-2014
ORDER SHEET CA No.57 of 2014 CP No.658 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE BEFORE: The Hon'ble JUSTICE PATHERYA Date: 6th February, 2014 IN THE MATTER OF: INDO AMERICAN ELECTRICALS LTD.AND MSTC LIMITED Mr.Abhrajit Mitra, Adv.with Mr.Dhruba Ghosh, Adv.Mr.Jishnu Chowdhury, Adv.MRS.Noelle Banerjee, Adv.Mr.Dipak Dey, Adv..for the petitioner Mr.Promit Roy, Adv.with Mr.Suparna Mukherjee, Adv.Mr.Debdut Mukherjee, Adv.Mr.Meghajit Mukherjee, Adv.Although the petitioning creditor seeks appointment of a provisional liquidator in an application filed under Section 450 of the Companies Act, 1956, this may not be necessary as it is desirous that the parties settle their issues and in the event bank guarantee is furnished for the amount paid by the petitioning creditor on behalf of the company and the matter is sent to arbitration, the disputes will stand resolved to that extent alone. But the goods which have been pledged to the petitioning creditor must be asce...
Beltas Marchants Pvt. Ltd.Petitioner Vs. Indian Fibres Ltd. and ors.De ...
Court: Kolkata
Decided on: Feb-06-2014
ORDER SHEET T. No.40 of 2014 C.C.No.of 2014 A.C.O.No.159 of 2013 A.P.O.No.278 of 2013 C.P.No.361 of 2010 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Contempt].ORIGINAL SIDE BELTAS MARCHANTS PVT.LTD.Versus INDIAN FIBRES LTD.& ORS.Petitioner Defendants/Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 6th February, 2014. For Petitioner : Mr.S.K.Kapoor, Sr.Adv.with Mr.A.Kanodia, Adv.Mr.S.K.Kapoor, learned Senior Advocate, urged this Court to grant him leave to move a very urgent application before rising of the Court at recess today. Such leave was granted. My attention is drawn to my order dated 18th December, 2013 where the following was recorded : All learned Counsel appearing have made a joint statement that the subject matter of controveRs.in the appeals will not be disturbed by any party till this Court is in a position to hear out the appeals. Despite this assurance it is stated that the respondents are going ahead with a group housing project of over 352 apartments...
Venus Controls and Switch Gear Pvt. Ltd. Vs. Ge India Industr5ial Pvt. ...
Court: Kolkata
Decided on: Feb-06-2014
ORDER SHEET APO No.235 of 2013 With C.P.No.77 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE VENUS CONTROLS AND SWITCH GEAR PVT.LTD.Versus GE INDIA INDUSTR5IAL PVT.LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE And The Hon'ble JUSTICE ARIJIT BANERJEE Date : 6th February, 2014. Appearance : Ms.Manju Bhutoria, Adv.Mr.Chayan Gupta, Adv.for the appellant. Mr.Abhijit Sarkar, Advocate-on-record. Mr.Tapas Kumar Barman, Adv.Mr.Biswadip Ghosh, Adv.for the respondent The Court: This appeal would relate to supply of goods. At the end of the day, the outstanding was of Rs.8,22,729.34/- that the company failed to pay. Appellant company once paid a sum of Rs.10 lac in protanto satisfaction of the claim of the respondent but the cheque was dishonoured for non-payment as we find from page 87 of the paper book. Be that as it may, for the outstanding of Rs.8,22,729.34/- the respondent issued a notice of demand that the appellant company replied denying the...
itag Business Solutions Ltd Vs. the Branch Head, Hdfc Bank Ltd. and or ...
Court: Kolkata
Decided on: Feb-06-2014
ORDER SHEET GA NOK.2950 OF2013WITH CS NO.179 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ITAG BUSINESS SOLUTIONS LTD Versus THE BRANCH HEAD, HDFC BANK LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 6th February, 2014. Mr.S.Mukherjee, Mr.S.Ghoshappear. Mr.S.Sengupta, Mr.D.Banerjee, Mr.S.Dasguptaappear. The Court : This application for amendment is very seriously opposed, by learned counsel for the defendants, taking several points. The fiRs.and foremost of them is that the plaintiff is trying to change its cause of action in the suit. The defendants submit that on an appreciation of the plaint it will be clear that the cause of action pleaded there is against the fiRs.and second defendants only. It is through these proposed amendments that the cause of action is sought to be enlarged. Secondly, it is argued that leave under Order 2 Rule 2 of the Code of Civil Procedure was not taken at the time of presentation of the plaint. Now, an en...
Venus Controls and Switch Gear Pvt. Ltd. Vs. Ge India Industrial Pvt. ...
Court: Kolkata
Decided on: Feb-06-2014
ORDER SHEET APO No.235 of 2013 With C.P.No.77 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE VENUS CONTROLS AND SWITCH GEAR PVT.LTD.Versus GE INDIA INDUSTRIAL PVT.LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE And The Hon'ble JUSTICE ARIJIT BANERJEE Date : 6th February, 2014. Appearance : Ms.Manju Bhutoria, Adv.Mr.Chayan Gupta, Adv.for the appellant. Mr.Abhijit Sarkar, Advocate-on-record. Mr.Tapas Kumar Barman, Adv.Mr.Biswadip Ghosh, Adv.for the respondent The Court: This appeal would relate to supply of goods. At the end of the day, the outstanding was of Rs.8,22,729.34/- that the company failed to pay. Appellant company once paid a sum of Rs.10 lac in protanto satisfaction of the claim of the respondent but the cheque was dishonoured for non-payment as we find from page 87 of the paper book. Be that as it may, for the outstanding of Rs.8,22,729.34/- the respondent issued a notice of demand that the appellant company replied denying thei...
M/S. Loknath Shipping and Clearing Agency Kamal Kumar Agarwal Vs. Comm ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Feb-06-2014
Dr. I.P. Lal, J. 1. Heard both sides. 2. These appeals are filed by M/s Loknath Shipping and Clearing Agency, CHA (Appellant No.1) and Shri Kamal Kumar Agarwal (Appellant No.2) against the order of the adjudicating Commissioner. 3. Briefly stated the facts of the case are that the Bill of Entry No.60 dated 03.01.2000, was filed for the duty free clearance of 20.805 MT of brass scrap by M/s Nanak Enterprises on the strength of a forged Advance Licence No.P/L/0131458/C/XX/54/29/99 dated 29.10.1999. Investigation conducted by the DRI revealed that the said Advance Licence was forged one and M/s Nanak Enterprises were non-existence. During the course of investigation, the statements of Shri Kamal Kumar Agarwal, Partner of the above CHA Firm, were recorded, which revealed that the said Customs House Agent, failed to complete the processing of verification of antecedent of the importer. Accordingly, a show-cause notice was issued to them for abatement in case of duty evasion of Rs.5,22,644/-...
M/S. Sohom Shipping Services Pvt. Ltd. Vs. Commr. of Service Tax- Kolk ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on: Feb-05-2014
DR. D.M. Misra, J. 1. This is an application seeking waiver of pre-deposit of CENVAT Credit of Rs.12,14,642/- and equal amount of penalty imposed. 2. At the outset, the Ld. Advocate Shri Prosenjit Das for the applicant submits that the CENVAT Credit has been denied to them solely on the ground that they have failed to produce the documents/invoices evidencing payment of Service Tax by the service providers. He submits that they have submitted an excel sheet alongwith copies of invoices before the adjudicating authority and at no point of time they were asked to produce the entire set of invoices as mentioned in their excel sheet. He categorically submits that they are in a position to produce all documents on the basis of which they availed CENVAT credit. 3. The Ld. A.R. for the Revenue does not dispute the fact that for non-production of documents, CENVAT Credit has been denied to them. He drew our attention to para 15 of the impugned order. 4. After hearing both sides for some time,...
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