Kolkata Court February 2014 Judgments
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Sun Pharmaceuticals Industries Ltd Vs. Midley Pharmaceuticals Limied
Court: Kolkata
Decided on: Feb-25-2014
ORDER SHEET CS No.317 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SUN PHARMACEUTICALS INDUSTRIES LTD Versus MIDLEY PHARMACEUTICALS LIMIED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th February, 2014. Appearance: Mr.Sugata Chatterjee, Adv.Mr.Sarathi Dasgupta, Adv.Ms.D.Adhikari, Adv.The Court: The report of the Master and Official Referee dated 24th February, 2014 shows that no vokalatnama was filed by the erstwhile Advocate and accordingly, question of filing any written statement by the erstwhile Advocate could not and does not arise. However, on the last occasion on the basis of the submission made on behalf of the defendant this Court permitted the defendant to supply a copy of the written statement which is presumed to have been filed with the department by the erstwhile Advocate and consequential orders were passed in order to make the said suit ready for hearing. Since it transpires that the erstwhile Advocate had never entered app...
Universal Sompo General Insurance Co. Ltd. Vs. Bhavyaa Global Ltd.
Court: Kolkata
Decided on: Feb-25-2014
ORDER SHEET GA5492014 GA1322014 APOT852014 AP3852011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE UNIVERSAL SOMPO GENERAL INSURANCE Co.LTD.Versus BHAVYAA GLOBAL LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 25th February, 2014. Mr.Pradyumna Sinha, Advocate Mr.Sourav Bhagar, Advocate for the appellant. Mr.Suvadeep Sen, Advocate for the respondent. The Court : The learned Judge dismissed the application for default as the appellant did not appear. His Lordship also dismissed the application for restoration in absence of cogent ground. Learned Counsel appearing for the respondent does not seriously object to the restoration. Mr.Sinha appearing for the appellant would, however, contend, instead of sending the matter back to His Lordship after restoration, an innocuous prayer, made by the appellant before His Lordship, may be considered. The Court directed the appellant to make a fixed deposit that they made in Ka...
Himadri Chemicals and Industries Ltd. Vs. Project Shipping Co. Ltd.
Court: Kolkata
Decided on: Feb-25-2014
ORDER SHEET CS No.109 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HIMADRI CHEMICALS & INDUSTRIES LTD.Versus PROJECT SHIPPING Co.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th February, 2014. Appearance: Mr.Priyankar Saha, Adv.The Court: There is no explanation far less plausible which could condone the lapses of the plaintiff in not pursuing the suit soon after institution of the said suit. There has been no effort on the part of the plaintiff in all these years to take steps for service of the writ of summons upon the defendant. The writ of summons has not even been lodged in the department concerned within the stipulated time as required under the Original Side Rules. The report dated 5th June, 2006 of the stamp vendor contains an endorsement on the plaint which shows that the plaintiff did not put in the deficit Court fees amounting to Rs.7000/-. No step has been taken by the plaintiff either to lodge the writ of summons or to put...
Srei Equipment Finance Limited Vs. T. Madhava Rao
Court: Kolkata
Decided on: Feb-25-2014
AP No.73 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus T. MADHAVA RAO BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 25th February, 2014. Appearance: Mr.S.Banerjee, Adv.The Court : The respondent is not represented despite service. This is the second petition under Section 9 of the Arbitration and Conciliation Act, 1996 in respect of the same reference. The previous petition, AP No.1069 of 2012, was disposed of by an order of December 4, 2013 recording the sale of four of the assets covered by the agreement between the parties. The order also recorded the respondents submission that a payment of Rs.23.57 lakh would be made by the respondent within a fortnight from the date of the order. The petitioner says that the respondent has not made the payment as indicated in the order and, accordingly, the receiver appointed on the previous petition still retains possession of two of the assets. The receiver sh...
Machine Works (international) Ltd Vs. Suresh Chandra Mundra
Court: Kolkata
Decided on: Feb-25-2014
ORDER SHEET CP No.407 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE MACHINE WORKS (INTERNATIONAL) LTD Versus SURESH CHANDRA MUNDRA BEFORE: The Hon'ble JUSTICE PATHERYA Date : 25th February, 2014. Mr.Debasish De, Adv.for the petitioning creditor Mr.Dipak Basu, Sr.Adv.Mr.Rivu Dutta, Adv.for the company The Court : This application under Sections 433 and 434 of the Companies Act, 1956 has been filed on account of price of goods sold and delivered by the petitioning creditor to the company. The company against whom the petitioning creditor has made a claim is on account of two bills for Rs.4,85,295/- and Rs.9,67,538/-. A statutory notice was issued by the petitioning creditor to the company which statutory notice though received has not been replied to. Therefore it raises a statutory presumption of inability on the part of the company to pay its debts. A plea has been taken by the company that the two bills were settled and in full and final settlement Rs.4,85,...
indrapuri Studios Pvt. Ltd. and ors. Vs. Rashmi Bubna and ors.
Court: Kolkata
Decided on: Feb-25-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO1572013 CS4162012 INDRAPURI STUDIOS PVT.LTD.& ORS.Versus RASHMI BUBNA & ORS.APO1582013 CS4162012 RASHMI BUBNA & ORS Versus INDRAPURI STUDIOS PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 25th February, 2014. Mr.Ratnanko Banerji, Advocate Mr.K.R.Thakkar, Advocate Mr.Aniruddh Poddar, Advocate for the appellant. Mr.S.N.Mitra, Senior Advocate Mr.Arindam Mukherjee, Advocate Mr.Deepak Jain, Advocate for the defendant nos.1, 2 & 4. Mr.Aniruddha Ray, Advocate Mrs.V.Bhatia, Advocate Mr.Ganesh Prasad Shaw, Advocate for respondent nos.3,5,6 & 7. The Court : These two appeals would arise out of a self-same judgment and order dated March 21, 2013. Both the warring groups are aggrieved. The plaintiff is aggrieved as, according to her, there should have been more protection whereas the defendants would claim, the learned Judge ought not to pass the order ...
Commissioner of Income Tax, Kolkataii Vs. M/S. Mallika Investment Co. ...
Court: Kolkata
Decided on: Feb-25-2014
ORDER SHEET G.A.No.3280 of 2013 ITAT No.179 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE COMMISSIONER OF INCOME TAX, KOLKATA-II Versus M/S.MALLIKA INVESTMENT Co.PVT LTD BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE DEBANGSU BASAK Date : 25th February, 2014. Ms M. Bhargava, Advocate for the Appellant Mr.J.P.Khaitan, Sr.Adv.Mr.Sayantan Bose, Adv.for the Respondent The Court : The revenue has come up in appeal challenging the order dated 20th May, 2013 passed by the learned Income Tax Appellate Tribunal allowing the appeal of the assessee. The following questions of law, according to the appellant, arose in the facts and circumstances of the case. a) Whether on the facts and in the circumstances of the case, the learned Tribunal is justified in deleting the addition of Rs.47,94,484/- with a view that the assessee has right to hold the amount received on behalf of the Local Authority as a liability; b) Whether on the facts and...
Basudeo Agarwala and ors. Vs. Banwarilal Agarwala and ors.
Court: Kolkata
Decided on: Feb-25-2014
ORDER SHEET GA NO.55 OF2014WITH CS NO.458 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BASUDEO AGARWALA & ORS.Versus BANWARILAL AGARWALA & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th February, 2014. Mr.J.Chowdhury, Mr.A.Roy, Mr.S.Ghoshappear. Mr.A.MitraappeaRs.Mr.S.S.BanerjeeappeaRs.Mr.K.K.Thakkar, Mr.A.Nagappear. The Court : After hearing learned counsel for the parties, let hearing of this application be expedited by filing of affidavits according to the following directions. Let affidavits in opposition be filed by 7th March, 2014. List this application for hearing on 19th March,2014. Affidavits in reply, if any, may be filed in the mean time. The interim order made on 23rd December, 2013 is modified to the following extent only : The fourth defendant will be permitted to renew the validity of the existing encumbrance of their fixed assets, like mortgage and charge and of their borrowing facilities from the bank on the existing t...
Binoy Ranjan Chowdhury @ B. R. Chowdury Vs. the State of Wb and ors.
Court: Kolkata
Decided on: Feb-25-2014
ORDER SHEET GA No.273 of 2014 With WP No.5089 of 1988 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BINOY RANJAN CHOWDHURY @ B.R.CHOWDURY Versus THE STATE OF WB & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 25th February, 2014. Appearance : Mr.Malay Kr. Basu, Sr.Adv.Mr.Shyam Sundar Manna, Adv.for the petitioner. Mr.Subir Pal, Adv.for the State respondent. The Court: The writ petitioner at the material time was carrying on business as a modified ration distributor. Mr.Basu, learned advocate appearing on behalf of the writ petitioner submits that treating Memo dated 7th November, 1988, a copy of which is annexure-C to the petition, as the FIR, Dinhata Police Station started case No.12 of 1988 dated 9th November, 1988, quashing of which has been prayed for by his client. Mr.Basu submits that the said memo does not disclose any offence. He further submits it would appear from the said memo that it relies on report dated 4th October, 1988 of the A...
Commissioner of Income Tax, Koliv, Kol. Vs. M/S. Bnk Capital Markets L ...
Court: Kolkata
Decided on: Feb-25-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE GA No.3240 of 2013 ITAT No.177 of 2013 COMMISSIONER OF INCOME TAX, KOL-IV, KOL. Versus M/S.BNK CAPITAL MARKETS LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE DEBANGSU BASAK Date : 25th February, 2014. For Appellant : Ms.Mamta Bhargav, Advocate For Respondent : Mr.R.Bharadwaj, Advocate The Court : The fiRs.question, as proposed by the Revenue, is as follows: Whether on the facts and in the circumstances of the case, the Learned Tribunal was justified for the Assessment Year 2004-2005 in accepting the Assessees claim by rejecting the computation of disallowance under Section 14A read with Rule 8D of the Income Tax Act, 1961. The Rule 8D was introduced with effect from 24th March, 2008. Therefore, it could have no application to the assessment for the assessment year 2004-05. Based on Rule 8D, subsequently enacted, it was not open to the department to exercise power under Se...
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