Kolkata Court March 2014 Judgments
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National Insurance Co. Ltd and Another Vs. Sarkar Colour Offset, Purba ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Mar-28-2014
Jagannath Bag, Member The present appeal is directed against the Order, dated 13.08.2012, passed by the Ld. District Consumer Disputes Redressal Forum, Purba Medinipur, in Consumer Case No. 62/2009, whereby, the complaint was allowed on contest against the OPs. The Complainants case, in brief, was as follows: The Complainant has been carrying on the business of printing under the name and style of M/s Sarkar Colour Offset to earn livelihood by self employment. The Complainant obtained two insurance policies from the OP Insurance Company, being Policy Nos. 150303/46/07/7500000279 and 150303/11/07/3100000412. Both the policies were valid from 30.08.2007 to 29.08.2008 (midnight). As stated by the Complainant, during 17.06.2008 to 19.06.2008 heavy rain/flood affected the local area of the Complainant and their offset machine was damaged by flood water. The OP Insurance Company was duly informed and a claim was lodged with the OP Insurance Company on account of Risk covering the damage of t...
The Station Manager, West Bengal State Electricity Distribution Compan ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Mar-28-2014
Debasis Bhattacharya, Member. Being aggrieved by and dissatisfied with the order dated 05.06.2013 passed by the Ld. District Forum, Howrah in Case No. 176/2012, the OPs thereof have preferred this appeal. By the impugned order, the Ld. District Forum has allowed the case on contest in part with a litigation cost of Rs.1,000/- (Rupees one thousand) against the OP and directed him to raise the revised energy bill through the computer regeneration system for the period from June, 2010 to onwards within 30 days from the date of the order taking into consideration units for the period April, 2011 to June, 2011 and adjust the bill according to the present consumption. The OPs have further been directed to pay a compensation of Rs.2,000/- (Rupees two thousand) to the Complainant for his mental pain and agony within one month from the date of this order i.d. the entire amount shall carry an interest @ 9% per annum till full realization. It is the case of the Complainant that he is a bonafide c...
Rabindranath Bairagya, Burdwan Vs. Divisional Manager, the New India A ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Mar-28-2014
The complaint, in brief, was as follows: The Complainant, being the owner of the Tractor bearing the registration No. WB-41-A-5911 and the Trailer bearing the registration No. WB/41-A-5912, obtained an insurance policy from the OP No.1 .The insurance was valid from 31.08.2005 to the midnight of 30.08.2006. On 01.04.06 at about 3.30 P.M when the Tractor and the Trailer were coming after unloading cowdung in the agricultural field, the Tractor met with an accident and got damaged. The driver of the Tractor died. The accident was reported to the local Police Station under Section 279, 338 and 304 A /427 of IPC. The incident was reported to the OP Insurance Company on 01.04.06 and claim was lodged. Shri Ashoke Kumar Mukhopadhyay, Surveyor and Loss Assessor, surveyed the damaged Tractor lying at Keshabganj Police Phanri and assessed the loss before repairing. The claim of the Complainant was repudiated by the OP Insurance Company by their letter dated 16.04.07 on the ground that the vehicl...
Srei Equipment Finance Limited Vs. Md. Asif Habibi and Another
Court: Kolkata
Decided on: Mar-27-2014
1 ORDER SHEET GA No.812 of 2014 APOT No.126 of 2014 AP No.838 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus Md.ASIF HABIBI AND ANOTHER BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 27th March, 2014. Appearance: Mr.Swatarup Banerjee, ld. Advocate For the appellant. The Court :- Despite service, none appears to oppose this appeal. The learned Single Judge discharged the Receiver. Hence this appeal. Mr.Swatarup Banerjee, learned Counsel appearing for the appellant, would contend, a sum of Rs.44 lac was due and payable by the respondent on account of financial assistance given to him. He would inform this Court, Receiver already received offer for four assets amounting to Rs.13 lac and Rs.18.50 lac totalling Rs.31.50 lac. Hence, a sum of Rs.12.50 lac is still due and payable. Mr.Banerjee prays for continuation of the Receiver coupled with liberty to the Receiver to take physical posse...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Mar-27-2014
ORDER SHEET CP4002013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF : THE NEW TERAI ASSOCIATION LTD @ NEW TERAI ASOCIATION LTDAND ANKIT & CO BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 27th March, 2014. Appearance : Mr.Madhusudan Sarkar, Adv., Mr.Dipanjan Datta, Adv., for the petitioning creditor. Mr.Mohit Gupta, Adv., for the supporting creditor. Mr.Sayantan Bose, Adv., Mr.P.P.Naskar, Adv., for the company. Mr.Sayan Datta, Adv., for the supporting creditor. The Court : Company Petition No.400 of 2013 was filed by Ankit and Company for winding-up of the New Terai Association Limited. Subsequently, it appears that the petitioning creditor and the company came to a settlement and the petitioning creditor agreed to accept a sum of Rs.30,90,000/- in full and final settlement of its claim against the company. This was recorded by the Honble Justice Harish Tandon in an order dated September 20, 2013. It was further recorded that a sum of Rs.5,00,000/- had alread...
Vikrant Forge Ltd. Vs. the Official Liquidator and ors.
Court: Kolkata
Decided on: Mar-27-2014
CA No.117 of 2013 CA No.116 of 2013 CP No.151 of 2003 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDEJURISDICTION IN THE MATTER OF: BANGUR BROTHERS LTD.(IN LIQN.) -ANDVIKRANT FORGE LTD.Versus THE OFFICIAL LIQUIDATOR & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 27th March, 2014. Appearance: Mr.S.N. Mookerjee, Sr.Adv.Mr.Ratnanko Banerji, Adv.Mr.Nilay Sengupta, Adv.Mr.D.N. Sharma, Adv.Mr.Chayan Gupta, Adv.Mr.Suman Dutt, Adv.The Court : In tune with the order of March 13, 2014, another of the matters has been resolved amicably. The order dated March 13, 2014 carries several mistakes. The reference at the top of the order to CA No.116 of 2013 and CA No.117 of 2013 have mistakenly appeared as GA No.116 of 2013 and GA No.117 of 2013, which should be corrected. The same correction should be incorporated in the fiRs.paragraph of the order. By the order dated March 13, 2014, of the three applications which were then pending, CA No.115 of 2013 was disposed of by recording the agreement be...
M/S. Eden Realty Ventures Pvt. Ltd. Vs. Life Insurance Corporation of ...
Court: Kolkata
Decided on: Mar-27-2014
AP No.476 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.EDEN REALTY VENTURES PVT.LTD.-VersusLIFE INSURANCE CORPORATION OF INDIA Appearance: Mr.Aniruddha Chatterjee, Adv.Mr.Pradeep Kumar, Adv.Mr.S.C.Srivastava, Adv...for the petitioner. Mr.Avijit Gangopadhyay, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : March 27, 2014. The Court : There is no dispute between the parties as to the existence of the arbitration agreement. However, there is an issue raised by the respondent as to the arbitrability of the disputes under the arbitration agreement. An arbitrator had been appointed upon a request being carried to the Chief Justice or his designate. In the curious practice that was followed in this Court at the relevant point of time, the arbitration Judge was entrusted only with the lesser burden of adjudicating the legal issues and the larger burden of nominating the arbitrator was reserved unto the Chief Justice o...
State Bank of Patiala Vs. Rexor India Ltd (In Liqn) and anr
Court: Kolkata
Decided on: Mar-27-2014
1 ORDER SHEET ACO No.46 of 2014 APOT No.133 of 2014 CP No.587 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE STATE BANK OF PATIALA Versus REXOR INDIA LTD (IN LIQN) AND ANR BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 27th March, 2014. Appearance: Mr.Amitava Das, Mr.V.Raja Rao And Ms.A.Rao, ld. Advocates For the appellant. Mr.U.S. Menon, ld. Advocate for respondent no.2. Mr.Ronojit Chowdhury, ld. Advocate For the Official Liquidator. The Court :- This appeal would relate to an order of the Company Judge directing the Official Liquidator to take possession of the assets of a Company (In Liquidation).The appellant bank claims to be a secured creditor. Mr.Bose appearing for the appellant-bank would rely upon Section Reconstruction of 13(9) Financial of the Assets Securitization and Enforcement and of Security Interest Act,2002 to contend they would have a priority. Mr.Das would also inform this Court, they also engaged a ...
Smt. Hashi Mukherjee Vs. C.M.C. and ors.
Court: Kolkata
Decided on: Mar-27-2014
GA No.803 of 2014 WITH WP287of 2001 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. HASHI MUKHERJEE Versus C.M.C.& ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 27th March, 2014. For the petitioner : Mr.S.Basu,Advocate Mr.Soumen Dutta,Advocate For the respondent No.15 : Mr.Debdut Mukherjee,Advocate For the respondent Nos.10,12,13 & 14 : Mr.Indranil Roy,Advocate Mr.Dipayan Choudhury,Advocate Mr.Suvradal Choudhury,Advocate For Kolkate Municipal Corporation : Mr.Jugal Chandra Porel,Advocate The Court : - This application has been made on the strength of several orders having been passed in the writ petition though the same stood disposed of on 4th May,2001. The writ petitioner has applied for directions upon the present Administrator to act in terms of the order dated 13th January,2014. The main grievance of the petitioner is that she is not allowed to get essential services of water supply from the tubewell and use of lift in the apartment buildin...
Shri Kishorilal Agarwal and ors. Vs. Alliance Engineers Pvt. Ltd. and ...
Court: Kolkata
Decided on: Mar-27-2014
ORDER SHEET APO NO.92 OF2014ACO NO.44 OF2014IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: SHRI KISHORILAL AGARWAL AND ORS.Versus ALLIANCE ENGINEERS PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 27th March, 2014. APPEARANCE: MR.RATNANKO BANERJI, MRS.MANJ.BHUTERIA, MR.SUBHRANSU GANGULY, MR.PALLAB KR.MITRA,ADVOCATES FOR APPLICANTS/PETITIONERS MR.KAMALENDU GHOSE, MR.RAJ.GHOSH,ADVOCATES FOR RESPONDENTS The Court : In this 10F appeal the orders under challenge are dated 12 August, 2013 and 27th January, 2014. Before the Company Law Board, C.P.No.450 of 2011 was filed under several sections of the Companies Act, 1956 but the relevant sections with which this court is concerned at present is Section 111 and Sections 397 and 398 Companies Act, 1956. By order dated 12th August, 2013, the said company petition was dismissed for the reasons set out therein. One of the reasons being that the original petitioners had not filed an application under Se...
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