Kolkata Court February 2014 Judgments
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Srei Equipment Finance Private Limited Vs. Rangara Industries Private ...
Court: Kolkata
Decided on: Feb-21-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A.P.No.848 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.849 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.850 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.851 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.853 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.854 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.855 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.857 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED G.A.No.259 of 2014 A.P.No.853 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED ...
Dankuni Steels Limited Vs. Ajit Kumar Bothra and ors
Court: Kolkata
Decided on: Feb-21-2014
1 ORDER SHEET CC16of 2014 GA No.103 of 2014 CC49of 2013 GA No.2805 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE DANKUNI STEELS LIMITED Versus AJIT KUMAR BOTHRA & ORS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ASHOKE DASADHIKARI Date : 21st February, 2014. Appearance: Mr.Ranjan Deb, Sr.Advocate with Ms.Noelle Banerjee, Mr.Dipak Dey Ld. Advocates for the petitioner. Mr.Ahin Chowdhury, Sr.Advocate with Mr.D.N. Sharma and Mr.S.Pandey, Ld. Advocates for the respondent. Mr.Pramit Ray, Mr.Anik Banerjee and Mr.N.Sengupta, ld. Advocates For alleged contemnor Nos.1 and 2. The Court : GA103of 2014 is an application made by LMJ International, inter-alia, praying for clarification of the order dated December 13, 2013 passed in CC49of 2013 in which LMJ was initially made a party and thereafter their names were struck off at the instance of the petitioneRs.Mr.Ahin Chowdhury, learned senior Counsel appearing for the applicant LMJ would draw our atte...
Kotak Mahindra Bank Ltd. Vs. Asaduzzaman Sk and anr.
Court: Kolkata
Decided on: Feb-21-2014
ORDER SHEET APO192014 AP2742013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KOTAK MAHINDRA BANK LTD.Versus ASADUZZAMAN SK & ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 21st February, 2014. Mr.Moloy Ghosh, Advocate Mr.Prantik Garai, Advocate for the appellant. Mr.Shyamal Chakraborty, Advocate Ms.A.Banerjee, Advocate for the respondent. The Court : The appellant financed a vehicle to the respondent. The respondent would claim, nothing was due and payable. Yet, the appellant took forcible possession of the vehicle in question and thus sold it. The learned Judge dismissed the application of the respondent for appropriate direction for return of the vehicle as that was not possible because of the aforesaid sale. The learned Judge imposed a cost of Rs.1.7 lakhs on the appellant and, in our view, very rightly. Mr.Ghosh has drawn our attention to the earlier orders dated June 5, 2013 and July 3, 2013 where we fin...
The Board of Trustees for the Port of Calcutta Vs. Kartick Chandra Sah ...
Court: Kolkata
Decided on: Feb-21-2014
1 ORDER SHEET APO No.24 of 2014 CS No.408 of 2002 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE BOARD OF TRUSTEES FOR THE PORT OF CALCUTTA Versus KARTICK CHANDRA SAHA BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 21st February, 2014. Appearance: Mr.Surhid Roychowdhury Sr.ADvocate and Mr.Asok Jena Ld. Advocates for the appellant. The relate to a trifling Court claim :- made This by litigation the would respondent and denied by the appellant on a fliMs.ground. Parties had commercial transaction for which a sum of Rs.97,134.92 became due and payable by the appellant to the respondent apart from the security deposit of Rs.1,89,581/-. The appellant would contend, with regard to the balance amount one has to submit No claim certificate that the respondent declined. Hence, Kolkata Port Trust was not in a position to pay. On account of security deposit the appellant would claim, the agreement does not provide any interest as woul...
Mr. Sachidananda Pandey, Ad Vs. …for Petitioning Creditor
Court: Kolkata
Decided on: Feb-21-2014
ORDER SHEET CP No.448 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE M/S MONARCH INDIA PVT LTD -ANDASHIRVAD FOOD PRODUCTS PVT LTD . BEFORE: The Hon'ble JUSTICE PATHERYA Date : 21st February, 2014. Ms.Manju Bhuteria, Mr.Sachidananda Pandey, Adversus for petitioning creditor Mr.Arik Banerjee, Mr.Dipak Kr. Mukhopadhyay, Adversus for the company The Court : This application has been filed under Sections 433 and 434 of the Companies Act, 1956 on account of price of goods sold and delivered. The case of the petitioning creditor is that adveRs.quantities of flour was supplied to the company by the petitioning creditor. Thereafter bills were raised and a sum of Rs.3.75 lakh was paid by cheque. Therefore out of the total sum of Rs.8,57,500/-, the remaining sum of Rs.4,82,500/- is due and payable on account of principal. As the company has not been able to plead bona fide defence in the affidavit filed and no reply given to the statutory notice though received by the c...
Jhumri Debi Ram and anr. Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Feb-21-2014
GA No.1363 of 2013 WP No.289 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction JHUMr.DEBI RAM & ANR. Versus COAL INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 21st February, 2014. Appearance: Mr.Priyabrata Ghosh, Adv.Mr.Partha Ghosh, Adv.Mr.Partha Basu, Adv.The Court : The petitioner questions the conduct of Eastern Coalfields Limited in not offering the petitioner a job on compassionate grounds despite due application following the death in harness of the petitioners father. It is an admitted position that there are disputes between the petitioner and others claiming as the second wife and children of the second wife of the deceased employee. In such circumstances, the employer cannot be blamed for not giving appointment without an appropriate order being obtained from a civil court. In any event, since the employee died in October, 2010 and a period of more than three years has elapsed from the date of such death, the employer may no long...
Pramod Kr.Bajaj Vs. Shew Ratan Bajaj
Court: Kolkata
Decided on: Feb-21-2014
ORDER SHEET G.A.No.1457 of 2008 With C.S.No.58 of 1991 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE PRAMOD KR.BAJAJ Versus SHEW RATAN BAJAJ BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 21st February, 2014. Appearance: Mr.Swapan Kr, Mullick, Adv.Mr.Supratim Laha, Adv. for the plaintiff Mr.Amitava Das, Adv.Mr.Kausik Chatterjee, Adv. for the petitioner Mr.Ramesh Chandra Prusti, Adv.Mr.Debraj Banik, Adv. for the respondent no.4 Mr.Shaunak Mitra, Adv. for the defendant Nos.5A, 5B & 5C MRS.Nandini Mitra, Adv. for the defendant no.6 The Court: This is an application seeking amendment of the written statement of the defendant Nos.1 and 4. The defendant Nos.1 and 4 had earlier applied for such amendment by way of G.A.No.3386 of 2006. Such amendment application was allowed by an order dated February 26, 2008. It is submitted on behalf of the defendant Nos.1 and 4 that the suit stood dismissed prior to the order dated February 26, 2008 without their knowled...
Md.Shamim Ahmed and anr Vs. the State of W.B. and ors
Court: Kolkata
Decided on: Feb-21-2014
ORDER SHEET W.P.No.914 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MD.SHAMIM AHMED & ANR Versus THE STATE OF W.B.& ORS BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 21st February, 2014. For Petitioner : Mr.A.Haque,Advocate For KMC : Jugal Chandra Porel,Advocate Mr.D.Mondal,Advocate The Court : In the writ petition, the petitioner has challenged the notice under section 401 of the Kolkata Municipal Corporation Act, 1980 dated 6th August, 2013 issued by the Assistant Engineer (Civil).Kolkata Municipal Corporation whereby he has been directed to stop work on the ground that there has been deviation from the sanctioned plan. Learned advocate appearing on behalf of the petitioner denying the allegations made in the impugned notice submits that the construction has been made in accordance with the plan. Learned advocate appearing on behalf of the Kolkata Municipal Corporation relying on the notice issued under section 401 of the Act submits that sin...
Mrs Talat Alam Vs. Mrs Hajra Parveen
Court: Kolkata
Decided on: Feb-21-2014
ORDER SHEET GA No.204 of 2013 With CS No.245 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Mr.TALAT ALAM Versus Mr.HAJRA PARVEEN BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 21st February, 2014. Appearance: Mr.A.Sinha, Adv.Mr.P.C.Pal Chowdhury, Adv.The Court : From the submissions made on behalf of the parties, the fact emerges is that in respect of three properties out of four properties being the subject matter of the suit for partition, the parties have agreed to the division of the said properties on the basis of the report filed by the architect Ms.Banashree Sarkar. The incoming Commissioner is directed to divide the properties amongst the parties on the basis of the report filed by the said architect concerning the said three properties. In so far as the fourth properties is concerned, namely, premises no.3, Dr. Biresh Guha Street, Kolkata, it would be open for the parties to make submission before the Commissioner with regard to the ac...
Binaguri Investments Vs. Goutam Roy and ors.
Court: Kolkata
Decided on: Feb-21-2014
ORDER SHEET APO1352012 CS129/1996 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BINAGURI INVESTMENTS Versus GOUTAM ROY & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 21st February, 2014. Mr.A.K.Mitra, Sr.Advocate Mr.S.Das, Advocate Ms.Anna Malhotra, Advocate for the appellant. Mr.Ajay Krishna Chatterjee, Sr.Advocate Mr.Biswanath Chatterjee, Advocate for the respondent. The Court : This appeal would arise out of an order passed by the learned single Judge declining to accede to the prayer of the appellant to dismiss the suit filed by one of the respondents being the respondent no.1 on the ground mentioned in the application. Mr.Mitra, learned senior Counsel appearing in support of the appeal would contend, his written statement appearing at page 155 onwards would show, the facts involved in the controveRs.were not properly brought by the plaintiff that would amount to suppression of fact warranting dismissal o...
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