Kolkata Court February 2014 Judgments
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Srei Equipment Finance Ltd. Vs. Sas Infra Projects (India) Pvt. Ltd.
Court: Kolkata
Decided on: Feb-26-2014
A.P.No.195 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD.Versus SAS INFRA PROJECTS (INDIA) PVT.LTD.Appearance Mr.Satarup Banerjee, Adv.Mr.Chayan Gupta, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : February 26, 2014. The Court : The respondent is represented and indicates its inability to make immediate payment. The respondent seeks at least two months time to make some payment. Since the petitioner claims that a sum in excess of Rs.1.10 crore is due only on account of defaulted instalments if the letter of termination is disregarded, it would be inequitable to allow the respondent to enjoy the use of the financed assets without tendering substantial payment. There will be an order of injunction in terms of prayer (a) of the petition which will, however, not prevent the respondent from using the assets described at Annexure-A to the petition in the usual couRs.of business till such time that the receiver app...
Prateek Plastometals Pvt Ltd Vs. Satish Kumar Agarwal
Court: Kolkata
Decided on: Feb-26-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ACO262014 APOT922014 CP1452012 PRATEEK PLASTOMETALS PVT LTD Versus SATISH KUMAR AGARWAL ACO272014 APOT942014 CP4752013 PRATEEK PLASTOMETALS PVT.LTD.Versus SUPERPACK INDUSTRIES ACO282014 APOT952014 CP1602012 PRATEEK PLASTOMETALS PVT.LTD.Versus KYANG TEA SEED Co.LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 26th February, 2014. Mr.Samit Talukdar, Sr.Adv., Mr.Prithiraj Sinha, Adv., for the appellant. Mr.Mainak Bose, Adv., Mr.Kuldip Mallick, Adv., Mr.Mohonjee Ojha, Adv., Mr.P.Patwari, Adv., for the respondent. Ms.Manju Bhuteria, Adv., Mr.Nilandri Khanra, Adv., for the respondent. Mr.Reetobroto Mitra, Adv., Mr.Manik Das, Adv., Ms.D.Sett, Adv., for the respondent. Ms.N.Priya, Adv., for Sagun Enterprrises PVT.Ltd., Suraj General Engineering PVT.LTD.Mr.S.Sengputa, Adv., Mr.V.Kedia, Adv., for M/s.Steel & Metals. Mr.Dipak Basu, Sr.Adv., Mr.R.Dutta, Adv.for suppor...
Tata Motors Finance Ltd. Vs. Ronit Nirman Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Feb-26-2014
A.P.No.1077 A.P.No.1078 A.P.No.1079 A.P.No.1080 A.P.No.1084 A.P.No.1085 A.P.No.1086 A.P.No.1087 A.P.No.1088 A.P.No.1089 A.P.No.1104 A.P.No.1105 A.P.No.1106 of of of of of of of of of of of of of 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 2013 TATA MOTORS FINANCE LTD.-VersusRONIT NIRMAN PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 26th February, 2014. Appearance: Mr.Utpal Bose, Adv...for the petitioner The Court: The respondents are not represented despite having been represented earlier. The three receivers appointed in these matters have filed a report indicating that a solitary offer of Rs.20 lakh has been received for the thirteen assets that have been taken possession of by the receivers and for which offers were invited. The petitioner claims that all the assets have been stripped of their vital parts prior to the receivers taking possession thereof. The petitioner claims a total sum in excess of Rs.1.80 crore to be due only on account of defa...
M/S. Popat and Kotecha Property and anr. Vs. the Kolkata Municipal Cor ...
Court: Kolkata
Decided on: Feb-26-2014
ORDER SHEET GA4902014 APO102014 WP8472013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.POPAT & KOTECHA PROPERTY & ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date : 26th February, 2014. Mr.A.Banerjee, Adv., for the Appellants. Mr.B.Mukherjee, Adv., for the KMC. Mr.A.Mandal, Adv., for the State. The Court : This application has been filed in connection with the appeal preferred from the judgment and order dated 6th December, 2013, passed by a learned Judge of this Court, whereby and whereunder the said learned Judge finally disposed of the writ petition on merits. Having heard the learned Advocate of the contesting parties and considering the facts of the case, we are of the opinion that the issues raised in the appeal should be decided expeditiously. Therefore, the appellants are directed to prepare the requisite number of informal paper books out of Cou...
Gopalji Heavy Lifters and ors Vs. Srei Equipment Finance Limited
Court: Kolkata
Decided on: Feb-26-2014
1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO No.29 of 2014 AP No.1540 of 2013 GOPALJ.HEAVY LIFTERS & ORS Versus SREI EQUIPMENT FINANCE LIMITED APO No.30 of 2014 AP No.1543 of 2013 GOPALJ.INFRASTRUCTURE SOLUTIONS & ORS -VSSREI EQUIPMENT FINANCE LIMITED APO No.31 OF2014A.P.No.1542 OF2013GOPALJ.HEAVY LIFTERS & ORS VSSREI EQUIPMNET FINANCE LTD APO No.32 of 2014 AP No.1541 OF2013DHANLAXMI CRANES & ORS -VSSREI EQUIPMENT FINANCE LIMITED APO No.33 OF2014A.P.No.1548 OF2013GOPALJ.INFRASTRUCTURE SOLUTIONS & ORS -VSSREI EQUIPMENT FINANCE LTD.APO No.34 OF2014A.P No.1551 OF2013DHANLAXMI CRANES & ORS -VSSREI EQUIPMENT FINANCE LTD.APO No.35 OF2014AP No.1621 OF2013GOPALJ.HEAVY LIFTERS & ORS VSSREI EQUIPMENT FINANCE LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 26th February, 2014. Appearance: Mr.Swatarup Banerjee, Ms.Sneha Sharma And Mr.B.Kaur, ld. Advocates For the appellant. Mr.Arik Banerjee, ld. Advocate ...
M/S. Modern Infra Projects India Ltd Vs. M/S. Dhanalaxmi Mercantiles P ...
Court: Kolkata
Decided on: Feb-26-2014
1 ORDER SHEET ACO No.21 of 2014 APOT No.39 of 2014 CP No.63 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.MODERN INFRA PROJECTS INDIA LTD Versus M/S.DHANALAXMI MERCANTILES PVT LTD & ANR ACO No.22 No.2014 APOT No.40 of 2014 CP No.62 of 2013 M/S.MODERN INFRA PROJECTS INDIA LTD VSM/S.RIDHI SIDHI MERCHANTS PVT LTD & ORS ACO No.23 of 2014 APOT No.38 of 2014 CP61OF2013M/S.MODERN INFRA PROJECTS INDIA LTD -VSM/S.S.S.TRACo.PAVT LTD & ANR ACO No.24 of 2014 APOT No.37 of 2014 CP No.60 of 2013 M/S.MODERN INFRA PROJECTS INDIA LTD -VS M/S.S.S.TRACo.PVT LTD & ANR BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 26th February, 2014. Appearance: Mr.Jayanta Banerjee, Mr.Arik Dutta And Syed Zulfikar Ali, ld. Advocates For the appellant. Mr.P.Sinha, Ld. Advocate for respondent. Ms.Ruma Sikdar, ld. Advocate for Official Liquidator. The Court :- The appellant-petitioner prays for direction upon the Official Liquidator to ask the erstwhile...
Jcc India Pvt. Ltd. Vs. Anand Kishore Gupta and ors.
Court: Kolkata
Decided on: Feb-26-2014
ORDER SHEET TA NO.17 OF2014WITH T NO.56 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JCC INDIA PVT.LTD.Versus ANAND KISHORE GUPTA AND ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 26th February, 2014. Mr.S.N.Mitra, senior advocate, Mr.A.Roy, Mr.N.Dasgupta, Mr.R.L.Mitra, Ms.P.Dharappear. The Court : The plaintiff through the fiRs.and second defendants was transporting, in or about May, 2013, some machinery to the third defendant at Arunachal Pradesh. This transportation was being made by two traileRs.The goods have not reached their destination. According to Mr.Mitra, learned senior advocate for the plaintiff this was owing to some civil disturbance in the area and thereafter development of some mechanical defects in the traileRs.On the other hand, the fiRs.defendant is claiming detention charges from the plaintiff. It may be said at this point of time that the second defendant was rendering trailer service as the agent of the fiRs.defendan...
Videocon Industries Ltd. and anr. Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Feb-26-2014
ORDER SHEET GA NO.3458 OF2013WITH CS NO.392 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE VIDEOCo.INDUSTRIES LTD.& ANR. Versus COAL INDIA LTD.& ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 26th February, 2014. Ms.P.Anand, Mr.G.Mitra, Mr.D.Dutta, Mr.R.Medora, Ms.R.Mitra, Mr.R.Jainfor petitioneRs.Mr.P.Dutta, senior advocate, Mr.R.Dutta, Mr.P.Basu, Mr.S.Prasadfor respondent nos.1 & 2. The Court : This is another application in aid of a suit seeking an order of injunction from this Court restraining the defendant from invoking a bank guarantee. The plaintiff company [plaintiff].seeks such an order to restrain invocation of a bank guarantee for Rs.8,65,17,900/- dated 29th June, 2011 and renewed in 2013 upto December, 2014, furnished by them in favour of the fiRs.and second defendants. The fiRs.defendant is Coal India LTD.The second defendant is South Eastern Coalfields Ltd., a subsidiary of the fiRs.defendant. The third defendant is Allahabad B...
Vodafone East Ltd. Vs. Dy. Commissioner of Income Tax Circle 59 and or ...
Court: Kolkata
Decided on: Feb-26-2014
ORDER SHEET W.P.No.94 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE VODAFONE EAST LTD.Versus DY. COMMISSIONER OF INCOME TAX CIRCLE59& ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 26th February, 2014. Appearance : Mr.J.P. Khaitan, Sr.Adv.Ms.Anupa Banerjee, Adv. for the petitioner Md.Nizamuddin, Adv. for the respondent. The Court : The order dated 27-28th January, 2014 passed by the Assistant Commissioner of Income-Tax, Circle 59, TDS, Kolkata is a subject matter in this writ petition. An information was sought under Section 133 (6) of the Income-Tax Act, relating to the Financial Year 2009-10 for the commission allowed to the distributor in respect of the sale of starter packs/ recharge vouchers / recharge voucheRs.Subsequently, a show-cause notice dated 10th November, 2010 was issued upon the petitioner contemplating to initiate a proceeding for non-payment of tax on account of the payment received or receivable directly or indirectly in ...
Hindustan Lever Ltd. Vs. Commissioner of Income Tax, Kolkata – Ii, K ...
Court: Kolkata
Decided on: Feb-26-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA No.371 of 2004 HINDUSTAN LEVER LTD.Versus COMMISSIONER OF INCOME TAX, KOLKATA II, KOLKATA& ANR. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SUDIP AHLUWALIA Date : 26th February, 2014. For Appellant : Mr.J.P. Khaintan, Senior Advocate with Mr.S.Basu, Advocate For Respondent : Md.Nizumuddin, Advocate The Court : The assessee preferred an appeal against an order passed by the Commissioner in exercise of power under Section 263 of the Income Tax Act, hereinafter referred to as the said Act. The learned Tribunal dismissed the appeal holding as follows: We find that Section 43(6) expressed the meaning of written down value. It has been provided in Explanation 2 that where in any previous year, any block of assets is transferred by the amalgamating company to the amalgamated company in a scheme of amalgamation and the amalgamated company is an Indian company, the actual cost...
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