Kolkata Court March 2014 Judgments
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Olive Tea Plantation Pvt. Ltd. and anr. Vs. Harsh Bajoria
Court: Kolkata
Decided on: Mar-11-2014
ORDER SHEET CS No.316 of 2004 With APOT No.353 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE OLIVE TEA PLANTATION PVT.LTD.& ANR. Versus HARs.BAJORIA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 11th March, 2014. Appearance: Mr.Chayan Gupta, Adv.Mr.S.K.Kundu, Adv.The Court: It appears that the plaintiff has not taken any steps in the matter with regard to the service of the writ of summons upon the non-appearing defendants. It appears from the report filed by the Deputy Sheriff that save and except defendant no.7, no attempt has been made by the plaintiff to serve the writ of summons upon the non-appearing defendants. The report shows that the defendant nos.8 to 14 could not be served due to non-existence of the defendants at the stated address and the defendant nos.1, 2, 5 and 6 could not be served also on the same ground. The plaintiff also did not take any step to have a copy of the writ of summons along with the copy of the plaint served u...
Gajanand Saboo and ors. Vs. Rattanlal Jain
Court: Kolkata
Decided on: Mar-11-2014
A.P.No.1 of 2005 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GAJANAND SABOO & ORS.Versus RATTANLAL JAIN Appearance Mr.Joy Saha, Adv.Mr.Sandipto Bose, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : March 11, 2014. The Court : This is a request under Section 11 of the Arbitration and Conciliation Act, 1996 pending from the year 2005. According to the petitioneRs.the matter had been placed before the Chief Justice for naming an arbitrator but was not taken up for nearly eight years when such procedure was followed in this Court. Pursuant to a recent Supreme Court judgment, the naming of the arbitrator has now to be done by the designate of the Chief Justice who is designated to adjudicate requests under Section 11 of the 1996 Act. Prior to the Supreme Court judgment, there was a strange practice in this Court of the business of adjudication being undertaken by the arbitration judge as the designate of the Chief Justice but the appointment of th...
Ajay Singh Vs. M/S. Nik Nish Retail Ltd.
Court: Kolkata
Decided on: Mar-11-2014
ORDER SHEET CS No.397 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AJAY SINGH Versus M/S.NIK NISH RETAIL LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 11th March, 2014. Appearance: Ms.Iti Dutta, Adv.Ms.Priti Jain, Adv.The Court : This suit is taken up for hearing in view of the order passed by the Honble Division Bench on 8th October, 2013, by which leave was given to the defendant to contest the suit by filing a written statement within one week after long vacation. The judgment and order dated 30th September, 2013 was set aside. On the last occasion when this suit was taken up for hearing that is to say on 4th March, 2014, Ms.Iti Dutta, learned counsel representing the plaintiff was requested to inform the learned counsel on behalf of the defendant that this suit will be taken up as an undefended suit since the defendant has failed to file written statement in terms of the order dated 8th October, 2013. It is submitted that a notice dat...
Hdfc Bank Ltd. Vs. Soumitra Das
Court: Kolkata
Decided on: Mar-11-2014
ORDER SHEET GA NO.528 OF2014EC NO.217 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HDFC BANK LTD.Versus SOUMITRA DAS BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 11th March, 2014. Mr.P.SinhaappeaRs.The Court : It is submitted by the advocate on behalf of the decree holder that the offer of the lone offerer Mr.Arun Kumar Yadav of 12, Rifle Range Road, Kolkata-19 for Rs.2,30,000/- be accepted and the Joint Receivers be directed to conclude the sale in his favour upon payment of the full purchase price by the said offerer. Accordingly, the offer of Mr.Arun Kumar Yadav, residing at 12, Rifle Range Road, Kolkata-19 for Rs.2,30,000/- is accepted. The Joint Receivers are directed to conclude the sale in his favour upon payment of the full purchase price by the said offerer in favour of the decree holder. Possession of the asset may be handed over to the offerer by the Joint ReceiveRs.upon receipt of the full consideration. The Joint Receivers are to...
Sourav Ganguly Vs. Mahuaa Media Pvt. Ltd.
Court: Kolkata
Decided on: Mar-11-2014
AP No.827 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SOURAV GANGULY -VersusMAHUAA MEDIA PVT.LTD.Appearance: Ms.Manali Bose, Adv...for the petitioner. Ms.Sanchari Chakraborty, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : March 11, 2014. The Court : This matter has been pending for a long time and was adjourned on several occasions on the ground of parties attempting a settlement. It had been made clear to the parties that the matter would not be adjourned indefinitely. Since the disputes between the parties have not been resolved, the petition under Section 9 of the Arbitration and Conciliation Act, 1996 is taken up for hearing. The petitioner, a former captain of the Indian cricket team, entered into an agreement with the respondent under which the petitioner was to host a programme on the respondents television channel. The agreement envisaged a minimum guaranteed amount of Rs.1.25 crore to be paid by the re...
Susmita Bhowmik Vs. Employees State Insurance Corpn. and ors.
Court: Kolkata
Decided on: Mar-11-2014
ORDER SHEET WP No.842 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUSMITA BHOWMIK Versus EMPLOYEES STATE INSURANCE CORPN. & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 11th March, 2014. Appearance: Mr.Atish Dipankar Ray, Adv.Mr.Soumyajit Mishra, Adv..for the petitioner. Mr.Soumitra Banerjee, Adv..for the respondent. The Court: This writ application is at the instance of the employer who submits that the establishment is not covered under the Employees State Insurance Act, 1948. The petitioner has preferred an appeal under Section 75 of the ESI Act, 1948 before the Employees Insurance Court challenging the order passed under Section 45A of the ESI Court. The petitioner has alleged violation of the principles of natural justice. The petitioner has further contended that no notice in form C-11 was received prior to coverage of the applicant form nor any opportunity of hearing was given to the petitioner prior to the coverage. The ESI Court, i...
The South Indian Bank Ltd. Vs. Messrs. Shroff Credit Co. and ors.
Court: Kolkata
Decided on: Mar-11-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.836 of 1990 The South Indian Bank LTD.versus MessRs.Shroff Credit Co.& ORS.For the Plaintiff : Mr.S.Sengupta, Advocate Mr.A.K.Gandhi, Advocate Heard on : 4th, 6th, 7th March, 2014 Judgment on : 11th March, 2014 DEBANGSU BASAK, J. The suit was for recovery of money lent and advanced and for declaration. The Defendant No.1 was a partnership firm of which the Defendant Nos.2 and 3 were partneRs.The Defendant Nos.5, 7, 9, 11, 13 and 15 were the hirers of the vehicles from the Defendant No.1 and the Defendant Nos.6, 8, 10, 12, 14 and 16 where the guarantors for the payment of the dues to the Defendant No.1. The Defendant No.4 issued a Hire Purchase Bank Advance Guarantee Policy dated November 9, 1987 for Rs.4,00,000/- in favour of the plaintiff. The Defendant No.4 filed written statement only. None of the defendant, however, appearing during hearing. The witness ...
Atashi Gupta Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-11-2014
ORDER SHEET WP No.176 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ATASHI GUPTA Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 11th March, 2014 Ms.Rina Banerjee, Advocate ..for the petitioner None appears for the State. Affidavit of service filed in Court today shall be retained with the records. The petitioner was a panel advocate of the State of West Bengal since 1990 till May, 2011. She is aggrieved because the bills raised by her for professional services rendered have not been cleared. It is not in dispute that the petitioner had been an empanelled advocate for nearly 21 yeaRs.In my considered view, the office of the Legal Remembrancer owes a duty to look into the bills that have been raised by the petitioner and to say, for good reasons, to what extent she is not entitled to the fees charged by her and to release such quantum of payment to the petitioner, as are found to be admissible. That would necessar...
Srei Equipment Finance Pvt. Ltd. (Sefpl) Vs. Rachna Jaiswal and anr.
Court: Kolkata
Decided on: Mar-11-2014
A.P.No.983 of 2013 A.P.No.984 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PVT.LTD.(SEFPL) Versus RACHNA JAISWAL & ANR. Appearance Mr.Biplab Majumdar, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : March 11, 2014. The Court : The order dated February 18, 2014 has been served on the respondents as would be evident from an affidavit of service filed by the finance company today. The order dated February 18, 2014 recorded that the best offer for the four assets appeared to be too meagre since their combined value at the time of acquisition in 2011-2012 was about Rs.1.15 crore and the offer was only for Rs.28 lakh. Since the respondents show no interest in the matter and have not been able to bring any better offer despite time being afforded therefor, the sale of the four assets is confirmed in favour of firm, North Cargo Service of B.T.Road, Kolkata, at Rs.28,24,000/-, subject to the entire consideration being pai...
Bhaswati Pal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-11-2014
ORDER SHEET WP No.175 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BHASWATI PAL Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 11th March, 2014 Ms.Rina Banerjee, Advocate ..for the petitioner None appears for the State. Affidavit of service filed in Court today shall be retained with the records. The petitioner was a panel advocate of the State of West Bengal since 1994 till May, 2011. She is aggrieved because the bills raised by her for professional services rendered have not been cleared. It is not in dispute that the petitioner had been an empanelled advocate for nearly 18 yeaRs.In my considered view, the office of the Legal Remembrancer owes a duty to look into the bills that have been raised by the petitioner and to say, for good reasons, to what extent she is not entitled to the fees charged by her and to release such quantum of payment to the petitioner, as are found to be admissible. That would necessar...
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