Kolkata Court February 2014 Judgments
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Ashok Gupta and anr Vs. State of West Bengal and ors
Court: Kolkata
Decided on: Feb-25-2014
ORDER SHEET WP No.808 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ASHOK GUPTA AND ANR Versus STATE OF WEST BENGAL AND ORS BEFORE: The Hon'ble DR. SAMBUDDHA CHAKRABARTI Date : 25th February, 2014. Appearance: Ms.Ashmita Chakraborty, Adv.Ms.Aparajita Chatterjee, Adv.Mr.Rajdeep Bhattacharya, Adv.Mr.B.Mitra, Adv.Ms.Debjani Mitra, Adv.Mr.Barin Banerjee, Adv.Ms.Sima Chakraborty, Adv.Mr.Gopal Chandra Das, Adv.Mr.Debangsu Mondal, Adv.The Court : The petitioners are directed to add the Kolkata Municipal Corporation as a party respondent. cause title be amended here and now. Let the Service of notice upon the added respondent is dispensed with since Ms.Chakraborty has appeared for the respondent Nos.4, 5 and 6. By this writ petition the petitioners have, inter alia, prayed for a writ in the nature of mandamus commanding the respondent No.3 to refrain from entering the concerned premises, forcefully stalling the construction work and for other reliefs. The...
Sanskriti Rep.by Kamala Dugar Vs. the Oriental Insurance Co. Ltd. Repr ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Feb-25-2014
J. Bag, LD. Member The present appeal is directed against the Order of the Ld. District Consumer Disputes Redressal Forum, Kolkata , Unit-II , dated 22.06.2012, in CC No. 381 of 2010 whereby, Ld. Forum below dismissed the complaint on contest without cost. The complaint case, briefly stated, was as follows: The Complainant is a proprietorship firm with Smt.Kamala Dugar as its proprietress carrying on business of designer sarees, suits and dress materials for her livelihood . She sent goods valued at Rs. 4,99,900/- to Smt. Nitu Hirawat at Bangalore . The goods were given to OP No.2, namely, Green Express, who by profession is a carrier and who accepted the consignment with the understanding that they would send the goods to the destination and addressee in proper condition. Before sending the consignment the Complainant obtained a Marine Cargo Policy for covering risk out of the said consignment. The consignment reached its destination on 21st July 2008, but the addressee refused to acc...
Vs. Sri Choudeshwari Associates Pvt. Ltd. and anr.Respondent/Ju
Court: Kolkata
Decided on: Feb-24-2014
ORDER SHEET E.C.No.90 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus Sr.CHOUDESHWARI ASSOCIATES PVT.LTD.& ANR. Petitioner/Decree Holder Respondent/Judgement Debtors BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 24th February, 2014. For Petitioner/Decree Holder : Mr.Swatarup Banerjee, Adv.This application has been taken out by the award holder praying, inter alia, for confirmation of the sale of assets in terms of prayer (b) of the tabular statement and also for direction upon the learned Receiver to hand over the sale proceeds to the petitioner in protanto satisfaction of the awarded amount in terms of prayer (d) of the tabular statement. Perusing the present application it appears that an offer of Rs.30,00,000/- has been made by one, N. Rajeeva in terms of his letter dated 20th December, 2013, being annexure J at page 79 of the present application. It further appears that the offerer has also furni...
Srei Equipment Finance Limited Vs. Nikita Metals Private Limited
Court: Kolkata
Decided on: Feb-24-2014
AP No.162 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED -VersusNIKITA METALS PRIVATE LIMITED Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.Siddhartha Banerjee, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : February 24, 2014. The Court : The respondents are represented and submit that due to a temporary financial crunch several instalments could not be paid and the respondents would make good the default if some time is afforded. Since the petitioner claims that a sum in excess of Rs.81 lakh is due only on account of defaulted instalments, Mr.Partha Sarkar, Advocate of Bar Association, Room No.4, is appointed receiver for the purpose of taking possession of the assets covered by the agreement. However, if the respondents make over a sum of Rs.30 lakh by way of a demand draft or pay order or like instrument, not being a personal cheque, in the name of the petitioner wi...
Vs. West Bengal State Electricity Transmissidefendan
Court: Kolkata
Decided on: Feb-24-2014
ORDER SHEET CS No.9 of 1996 With EOS No.10 of 2010 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE CROPMTON GREAVES LTD.Plaintiff Versus WEST BENGAL STATE ELECTRICITY TRANSMISSI ON Co.LTD.& ANR. Defendant BEFORE: The Hon'ble JUSTICE ASIM KUMAR RAY Date : 24th February, 2014. For Plaintiff For Defendant : Mr.Mr.Mr.Mr.: The parties. Sabyasachi Chowdhury, Advocate R.K.Khanna, Advocate S.E.Huda, Advocate Anuj Singh, Advocate Mr.Tarun Kumar Ghosh, Advocate Court : Heard the learned Advocate for the Learned Advocate appearing for the plaintiff submits that the plaintiff has received the due amount but not within time. It was a delayed payment and that is why the plaintiff has initiated the suit for interest. Mr.T.K. Ghosh, learned Advocate appearing for the defendant submits that the defendant has already paid the due amount but not within time. If we go by the submission of the learned Advocate for the parties then it will appear that this matter may be disposed of by pass...
Srei Equipment Finance Limited Vs. Shree Mahalaxmi Corporation Private
Court: Kolkata
Decided on: Feb-24-2014
AP No.94 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED -VersusSHREE MAHALAXMI CORPORATION PRIVATE LIMITED Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.Siddhartha Banerjee, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : February 24, 2014. The Court : The respondent is represented and it is submitted that its factory remains closed following a dispute with the electricity authority. The respondent submits that at least a months time should be afforded to the respondent to attempt to resolve the disputes with the electricity authorities. The petitioner claims that a sum in excess of Rs.3.96 crore is due as on date only on account of defaulted instalments without taking into account the termination of the agreement. Mr.Uttar Kumar Bhattacharyya, Advocate of Bar Association, Room No.13 is appointed receiver to take possession of the assets covered by the agreement, remove...
Srei Equipment Finance Private Limited Vs. Rangara Industries Private ...
Court: Kolkata
Decided on: Feb-24-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE G.A.No.259 of 2014 A.P.No.853 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED & G.A.No.405 of 2014 A.P.No.854 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED & G.A.No.406 of 2014 A.P.No.848 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 24th February, 2014. Appearance: Mr.Satarup Banerjee, Adv.Mr.Sakya Sen, Adv.The Court : It is submitted by the applicant in GA No.259 of 2014 that in view of the order dated February 21, 2014 passed on AP No.853 of 2012, the application has become irrelevant. Accordingly, GA No.259 of 2014 is disposed of without any order. There will be no order as to costs. GA No.405 of 2014 and GA No.406 of 2014 are applications by the hirer claiming that the receivers directed to take possession of several assets un...
Jessop and Company Limited and Another Vs. Central Bank of India and O ...
Court: Kolkata
Decided on: Feb-24-2014
WP No.54 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JESSOP & COMPANY LIMITED AND ANOTHER -VersusCENTRAL BANK OF INDIA AND OTHERS Appearance: Mr.Anand Shaw, Adv.Mr.Arif Ali, Adv.Ms.Ishita Chakraborty, Adv...for the petitioner. Ms.Usha Doshi, Adv...for the respondents. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : February 24, 2014. The Court : Without prejudice to the rights and contentions of the respondent bank, such bank has offered to give the petitioners a hearing and decide on the petitioners defence that the petitioners should not be regarded as wilful defaulters within the meaning of the relevant master circular of the Reserve Bank of India. The bank has been more than magnanimous since there does not appear to be any plausible ground for the petitioners to have missed the chance afforded by the bank at the hearing scheduled on December 30, 2013. In view of the fair offer of the bank, a hearing date may be indicated by the bank to t...
Ramgarh Sponge Iron Pvt. Ltd. Vs. Subtleweigh Electric (India) Pvt. Lt ...
Court: Kolkata
Decided on: Feb-24-2014
ORDER SHEET CP No.702 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction RAMGARH SPONGE IRON PVT.LTD.Versus SUBTLEWEIGH ELECTRIC (INDIA) PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 24th February, 2014. Mr.Mainak Bose for petitioning creditor. Mr.Sarvopriya Mukherjee, Mr.Jishnu Chowdhury for the company, The Court : This application has been filed under Sections 433 and 434 of the Companies Act, 1956 wherein a claim has been made on account of price of goods sold and delivered. The claim arises out of invoices of 2006-2007 and onwards. Part payments were made. Therefore, there remains outstanding. Part payments which were made were not adjusted as done in accounts maintained in cases of running current mutual account. In fact, the accounts maintained by the petitioning creditor were on an invoice to invoice basis. This will be reflected from the chart which has been set out in paragraph 9 of the petition wherein against the invoices of 2006-2007 outstanding are shown. S...
Nathmal Nevatia Vs. the Statesman Ltd.
Court: Kolkata
Decided on: Feb-24-2014
CS128of 2010 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE NATHMAL NEVATIA Versus THE STATESMAN LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 24th February, 2014. Mr.Ratnanko Banerjee,Advocate appeaRs.Ms.Arunima Maitra,Advocate appeaRs.Mr.Jayanta Banerjee,Advocate appeaRs.The Court : - On an oral prayer being made on behalf of the defendant, the said defendant may be permitted to file a written statement. The defendant, upon payment of cost of 100 GMs.to the plaintiff, shall be entitled to file the written statement within a week from date. In the event the cost is paid and the written statement is taken on record, there shall be an order for cross discovery of documents within two weeks thereafter and inspection shall be offered forthwith. The plaintiff shall file a comprehensive Judges brief of documents before the matter is taken up for hearing. The parties are directed to come ready with the suggested issues. The learned Counsel for the parties, however, have agreed before this C...
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