Kolkata Court April 2014 Judgments
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Chandi Steel Industries Ltd.Plaintiff Vs. Dubai Aluminium and anr.Defe ...
Court: Kolkata
Decided on: Apr-22-2014
ORDER SHEET T.A.No.60 of 2014 With T. No.133 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CHANDI STEEL INDUSTRIES LTD.Versus DUBAI ALUMINIUM & ANR. Plaintiff Defendants BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 22nd April, 2014. For Plaintiff: Mr.Ranjan Deb, Sr.Adv.with Mr.Asish Chakraborty, Mr.Rishad Medora & Mr.Meghajit Mukherjee, Adversus An affidavit of service is on record. The papers were posted on 17th April, 2014. The defendants are located in the United Arab Emirates. Under a contract between the parties, the plaintiff was required to supply Cathode Collector Bars to the defendants. It is their specific case that the components of these Cathode Collector Bars are steel billets. According to the contract between the parties, billets manufactured by a particular factory could only be used in the manufacturing process. Now this factory has closed down due to no fault of the plaintiff. Hence, billets were not available. According to ...
Tata Motors Finance Limited Vs. Suparna Pal and anr.
Court: Kolkata
Decided on: Apr-22-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.194 of 2014 TATA MOTORS FINANCE LIMITED Versus SUPARNA PAL & ANR. & AP No.196 of 2014 TATA MOTORS FINANCE LIMITED Versus RINA PAUL & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 22, 2014. Appearance: Mr.S.Banerjee, Adv.The Court : Since the receiver appointed in these matters has not been able to take possession of either asset, leave is given to the receiver to seek police assistance for the purpose of taking possession of the assets. The Superintendent of Police or official of like rank exercising jurisdiction over the area would render necessary assistance to the receiver upon the receivers written request in such regard. It will be open to the petitioner to ascertain the whereabouts of the assets and take the receiver to the appropriate place for the receiver to obtain possession of the assets. The receiver will satisfy himself as to the basis of the petitioners opinion that the ...
Sri Deb Kumar Kundu Vs. State Bank of India and ors.
Court: Kolkata
Decided on: Apr-22-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side WP No.1188 of 2013 Sr.DEB KUMAR KUNDU Versus STATE BANK OF INDIA & ORS.With WP No.37968(W) of 2013 WP No.37971(W) of 2013 WP No.37973(W) of 2013 WP No.37974(W) of 2013 WP No.37976(W) of 2013 WP No.37978(W) of 2013 WP No.37980(W) of 2013 WP No.37983(W) of 2013 WP No.37985(W) of 2013 WP No.37987(W) of 2013 WP No.37991(W) of 2013 WP No.37992(W) of 2013 WP No.37993(W) of 2013 WP No.37995(W) of 2013 WP No.37998(W) of 2013 WP No.38000(W) of 2013 WP No.38001(W) of 2013 WP No.38002(W) of 2013 WP No.38004(W) of 2013 WP No.38006(W) of 2013 WP No.38008(W) of 2013 WP No.38010(W) of 2013 WP No.38012(W) of 2013 WP No.38014(W) of 2013 BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 22nd April, 2014. Appearance: Mr.Soumya Majumdar, Adv.Mr.Debanik Banerjee, Adv.Mr.Snehashis Sen, Adv.for the petitioners in WP No.1188 of 2013 Mr.D.Saha Roy, Adv.Mr.I.Mitra, Adv.Mr.Rajiv Lochan Chakraborty, Adv.MRS.Vaswati Chakraborty, Adv.for ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Apr-22-2014
ORDER SHEET CP NO.558 OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : SEASONS TRADECOMM PVT.LTD.AND IN THE MATTER OF : NARAYAN SRIRAM INVESTMENT PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 22nd April, 2014. MR.MAINAK BOSE, MR.P.GARAI, MR.PRABHA KR.SHRIVASTAVA, ADVOCATES FOR PETITIONER MR.RUDRAMAN BHATTACHARYYA, MR.DEBANJAN MUKHERJEE, MR.ARNAB DUTTA, ADVOCATES FOR COMPANY The Court : No affidavit-in-opposition has been filed by the company. Instead after the filing of this winding up petition in August 2013 several cheques aggregating to Rs.1,56,56,210/- were handed to the petitioning creditor by the company. The fiRs.of such cheques is of 1st November, 2013. This, therefore, evidences the intention of the company to settle the matter with the petitioning creditor after receipt of winding up petition. On 24th March, 2014 it was submitted on behalf of the company that twentynine cheques which had been forwarded to the petitioning credito...
Smt. Renuka Prasad Vs. the Commissioner of Central Excise, Bolpur
Court: Kolkata
Decided on: Apr-22-2014
In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Harish Tandon.W.P. No.619 of 2013 Smt. Renuka Prasad -vsThe Commissioner of Central Excise, Bolpur Commissionerate & Ors For the Petitioner : Mr.Runu Mukherjee Judgment on : 22.04.2014 HARISH TANDON, J.: By show-cause notice-cum-demand dated 18.09.2009, the Commissioner of Central Excise, Bolpur intended to impose a service tax to the tune of 3,13,41,209 together with Education Cess of Rs.6,26,826/- and further sum of Rs.88,666/- under S & HE Cess under proviso to Section 73 (1) of Chapter V of the Finance Act, 1994, interest at the rate applicable under Section 75 of the said Chapter as well as the penalty under Section 76, 77 & 78 of the said Chapter. The facts narrated in the said show-cause notice are that the petitioner is providing taxable services under Commercial or Industrial Construction Services to one M/s Dong Fang Electrical Corporation as Sub-Contractor. The Sub-Cont...
Sanjoy Kumar Bhattacharjee Vs. West Bengal State Cooperative Bank
Court: Kolkata
Decided on: Apr-22-2014
WP No.347 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SANJOY KUMAR BHATTACHARJEE -VersusWEST BENGAL STATE CO-OPERATIVE BANK LTD.& ORS.Appearance: Mr.Soumya Majumdar, Adv.Mr.Srijib Chakraborty, Adv...for the petitioner. Mr.Jayanta Dasgupta, Adv.Mr.Somraj Mukherjee, Adv...for the Bank. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 22, 2014. The Court : Leave is given to the petitioner to file a supplementary affidavit. Though the petition merely challenges the enquiry report that has been placed before the disciplinary authority, a second show cause notice issued to the petitioner by the disciplinary authority has been sought to be assailed by way of the supplementary affidavit. The second show cause notice has been issued as the rules require the same. The extraordinary prayer made by the petitioner even before the disciplinary proceedings are concluded is on the apprehension of the petitioner that he would be made a scapegoat in an ac...
The Tata Iron and Steel Co. Ltd. Vs. Mideast Integrated Steels Ltd.
Court: Kolkata
Decided on: Apr-22-2014
ORDER SHEET APO2641999 CS1701998 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE THE TATA IRON & STEEL Co.LTD.Versus MIDEAST INTEGRATED STEELS LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 22nd April, 2014. Mr.Ranjan Ray, Advocate Ms.Tanuta Guray, Advocate The Court : This appeal would relate to order of refusal to the prayer for judgment upon admission. Mr.Ray appearing for the appellant/plaintiff would strenuously contend, the admission was unambiguous. The learned Judge declined to accept such contention in view of the word approximately used in the admission. According to His Lordship, it must be specific. We have gone through the letter dated May 24, 1997 appearing at pages 29-30. We find, the respondent categorically offered payment of Rs.463 lakhs in phased manner. They have given alternative proposal. Mr.Ray would rightly say, although his claim is much more than Rs.463 lakhs, the unequivocal admission o...
L and T Finance Limited Vs. Sohom Shipping Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Apr-22-2014
AP No.288 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED -VersusSOHOM SHIPPING PVT.LTD.& ORS.Appearance: Mr.Samrat Sen, Adv.Mr.Paritosh Sinha, Adv.Mr.S.Ghosh Dastidar, Adv.Ms.Sankari Roy, Adv.Mr.Debnath Ghosh, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 22, 2014. The Court : Since the only offer for the barge which has met with an accident near Ratnagiri is Rs.12 lakh and such offer has been brought by the respondents, such offer is accepted. Accordingly, the sale of the submerged barge is confirmed in favour of Riddhi Om Shipping Management Services Private Limited at Rs.12 lakh subject to the entire consideration being made over by a demand draft or bankers cheque or like instrument, not being a personal cheque, in favour of the petitioner within a fortnight from date. Upon the payment being received and the relevant instrument encashed, the receiver will make over a possession certificate to the purchas...
M/S Union Enterprises and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Apr-22-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE W.P.No.173 of 2014 M/s Union Enterprises & Anr. Versus Union of India & ORS.BEFORE The Honble Justice HARISH TANDON Mr.Barnik Ghosh. .for the petitioners Judgment On : 22.04.2014 HARISH TANDON, J : Assailing an order passed under Section 35 F of the Central Excise Act by the Custom Excise and Service Tax Appellate Tribunal (CESTAT).by which an application seeking waiver of predeposit condition, the instant writ petition is filed before this Court under Article 226 of the Constitution of India. The Company manufactures M/s Ingot & rolled products classifiable under Chapter No.72 of the fiRs.schedule to the Central Excise Act, 1985 since 1975. A show-cause notice dated 2nd March, 2007 was issued to the petitioner alleging the suppression of the actual production figures of M/s Ingots for the period 2001-2002 to 2005-2006 being not incommensurate with the pattern of consumption of the electricity. A further show-...
Punjab National Bank Vs. Kamini Kapoor
Court: Kolkata
Decided on: Apr-22-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present: The Honble Justice Mr.Ashim Kumar Banerjee And The Honble Justice Mr.Arijit Banerjee APD282of 2013 CS39of 2012 GA181of 2014 Punjab National Bank -Vs.Kamini Kapoor With APD1of 2014 CS39of 2012 Kavita Vyappar (P) LTD.-Vs.Kamini Kapoor & Anr. For the Punjab National Bank : Mr.Joydip Kar, Adv.Mr.Siddhartha Banerjee, Adv.Mr.Sandip Bose, Adv.For Kamini Kapoor : Mr.Jishnu Saha, Adv.Mrs.Sulagna Mukharjee, Adv.Mr.Asish Mukharjee, Adv.For Kavita Vyappar (P) LTD.: Mr.Abhrajit Mitra, Adv Mr.Jishnu Chowdhury, Adv.MRS.Noelle Banerjee, Adv.Mr.Amitabh Ray, Adv.Heard on (APD282of 2013).28th February, 2014 & 6th March, 2014 Heard on (APD01of 2014) : 12th March, 2014 Judgment on : 22/04/2014 Arijit Banerjee, J. These two appeals arise out of the same judgment and decree dated 23rd April, 2013 passed by the Honble FiRs.Court in CS No.39 of 2012 (Kamini Kapoor-vs.-Punjab National Bank).Accordingly, these two appeals have been...
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