Kolkata Court April 2014 Judgments
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Smt. Purabi De and ors. Vs. Aloke Kr. Dutta and ors.
Court: Kolkata
Decided on: Apr-22-2014
GA No.2871 of 2013 CS No.413 of 1999 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. PURABI DE & ORS.Versus ALOKE KR. DUTTA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 22nd April, 2014. Appearance: Mr.Gautam Chakraborty, (Jr.) Advocate Mr.K.Baral, Advocate Mr.B.Ghosh, Advocate Mr.S.Chakraborty, Advocate Mr.R.Banerjee, Advocate Mr.P.Das, Advocate The Court: Four properties are involved in this partition and administration suit. One of them is premises No.139C Bidhan Sarani, Kolkata. A preliminary decree for partition was made on 26th August, 2011 in respect of all the properties. However, one of the properties is the subject matter of contention. It is said that it is thika property. The Commissioner of Partition and Receiver Mr.Gautam Chakraborty, who was appointed on 26th August 2011 has been directed not to deal with that disputed property. This application is taken out by the plaintiffs for various reliefs. Some problems have to be resol...
Mr. Ashoke Bhowmick, Ad Vs. …for the Petitioning Creditor
Court: Kolkata
Decided on: Apr-22-2014
ORDER SHEET CP No.689 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : AXIS INFOSOFT PVT.LTD.AND ACME SAFETYWEARS LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 22nd April, 2014. Mr.Kausik Chatterjee, Mr.Ashoke Bhowmick, Adversus for the petitioning creditor Mr.Ranjit kr. Jaiswal, Mr.Sekhar Pal, Adversus for the company The Court : The claim which arises in this winding up application is on account of inter-corporate loan advanced by the petitioning creditor to the company. That a sum of Rs.5 lakh was given as loan has been disputed by the company whose case is based on advance sum paid of Rs.5 lakh for supply of goods. Undoubtedly there is a money receipt issued by the company to the petitioning creditor wherein the receipt of Rs.5 lakh by the company from the petitioning creditor is admitted though the reason for such sums is on account of goods to be supplied. The said money receipt is dated 5th January, 2012 that is the very day on which...
Srei Equipment Finance Limited Vs. Arunendu Sarkar
Court: Kolkata
Decided on: Apr-21-2014
AP No.123 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI EQUIPMENT FINANCE LIMITED Versus ARUNENDU SARKAR BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 21st April, 2014. The Court : The respondent is not represented despite previous service. The receiver has filed a further report from which it appears that the receiver has not been able to take possession of any of the assets covered by the agreement since third parties claim lien over the same on account of alleged non-payment of dues in respect thereof by the respondent. It will be open to the petitioner to cause the payments due from the respondent to the third parties to be made to such third parties to obtain possession of the assets. If the payments due from the respondent to the third parties in possession of the assets are tendered, such third parties would be obliged to make over possession of the relevant asset to the receiver. If the receiver faces any resistance other than on the groun...
Smt. Replekha Sen @ Rupa Sen Vs. Srijiya Films and Entertainment Produ ...
Court: Kolkata
Decided on: Apr-21-2014
ORDER SHEET GA NO.2108 OF2013WITH CS NO.368 OF2012GA NO.3002 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. REPLEKHA SEN @ RUPA SEN Versus SRIJIYA FILMS & ENTERTAINMENT PRODUCTION & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 21st April, 2014. Mr.A.DasappeaRs.The Court : Two applications are before this Court. One is an application for interim reliefs taken out by the plaintiff. The other is the application for discharge or modification of the interim order dated 12th November, 2012 passed by Soumen Sen, J. during the puja vacation of that year. Today, none appears for the plaintiff. Mr.Das, learned counsel for the defendant submits that the interim order of 12th November, 2012 enjoined the defendant with a duty to publish a disclaimer that the film in question had no connection with the work Na-Hanyate of novelist Maitraye Devi. It also directed some deletions to be made from the film. The defendant was also directed to maintain and ...
Mangat Ram Rana and Ors. Vs. All India Union Bank Officers' Federation ...
Court: Kolkata
Decided on: Apr-21-2014
GA No.2139 of 2013 GA No.2536 of 2013 CS No.245 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MANGAT RAM RANA & ORS.Versus ALL INDIA UNION BANK OFFICERs.FEDERATION & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 21st April, 2014. Appearance: Mr.Joy Saha, Advocate Mr.Subhojit Saha, Advocate Mr.Surajit Nath Mitra, Sr.Advocate Mr.A.Mukherjee, Advocate Mr.S.Pal Chowdhury, Advocate Mr.Aryak Dutta, Advocate Ms.S.Mukherjede, Advocate Mr.Reetabrata Mitra, Advocate Mr.Aditya Naskar, Advocate The Court: Affidavits are complete in both the applications. Upon the matter being mentioned on behalf of defendant Nos.1 & 4, these applications were placed in the list as For Orders. An interim order was passed in the application of the plaintiffs on 23rd July, 2013, by Patherya, J. Her ladyship directed that no steps were to be taken for filling up the sixty-six posts by nomination. Yet her ladyship recorded that the interlocutory application was with regard...
Indian Steel Corproation Ltd. Vs. the Owners and Parties Interested
Court: Kolkata
Decided on: Apr-21-2014
ORDER GA NO.1156 OF2014AS NO.4 OF2014IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE INDIAN STEEL CORPROATION LTD.VERSUS THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V.HAN ZHANG BEFORE: The Hon'ble JUSTICE PATHERYA Date: 21st April 2014. APPEARANCE: MR.RATNANKO BANERJEE, ADVOCATE MR.K.R.THAKER, ADVOCATE MR.SWARAJIT DEY, ADVOCATE MR.INDRADEEP BASU, ADVOCATE ..FOR THE PETITIONER MR.TILAK BOSE, SENIOR ADVOCATE MR.SUBHOUIT ROY, ADVOCATE ..FOR THE RESPONDENTS The Court : By order dated 11th April 2014, the owners of the subject vessel were directed to furnish security and in the event such security was furnished the vessel would stand released from arrest. Such security has not been furnished and the only reason is that damage has not been ascertained. Admittedly, the plaintiffs goods are being discharged from the subject vessel. This day, while the owners of the subject vessel seek for appointment of a Receiver and Valuer to assess the damage, such prayer is opposed...
The Commissioner of Income Tax, Centralii Vs. M/S. Central Roller Flou ...
Court: Kolkata
Decided on: Apr-21-2014
ORDER SHEET G.A.No.3194 of 2013 I.T.A.T.No.168 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE THE COMMISSIONER OF INCOME TAX, CENTRAL-II Versus M/S.CENTRAL ROLLER FLOUR MILLS LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA -AndThe Hon'ble JUSTICE SUDIP AHLUWALIA Date : 21st April, 2014. For Appellant : Mr.O.P.Dubey, Adv.For Respondent : Mr.J.P.Khaitan, Sr.Adv.with Mr.P.Jhunjhunwala & Mr.C.S.Das, Adv.Mr.Dubey, learned Advocate appearing for the appellant/revenue, submitted that the finding arrived at by the CIT [A].appearing from the order dated 31st January, 2011 is clearly wrong. The finding, to be precise, is as follows : I find that an income estimated on the basis of assumptions and extrapolations, without any definite finding of being an amount on account of confirmed bogus purchases, cannot be said to be a concealed income or such income in respect of which inaccurate particulars have been filed. I therefore, cancel the penalty of Rs.10...
Magma Fincorp Limited Vs. Divya and ors.
Court: Kolkata
Decided on: Apr-21-2014
AP No.188 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction MAGMA FINCORP LIMITED Versus DIVYA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 21st April, 2014. Mr.Aniruddha Mitra, Adv.appears The Court : The respondents are not represented despite previous service and despite being made aware of the present proceedings. When this petition under Section 9 of the Arbitration and Conciliation Act, 1996 was received on March 10, 2014, an order of injunction in terms of prayer (b) of the petition was passed with the rider that the respondents would be entitled to use the asset covered by the agreement in the usual couRs.of business. Since the petitioner claims that a sum in excess of Rs.2.50 lakh now remains due only on account of defaulted instalments and the respondents show no interest in the matter, Mr.Fazle Rabby Hazari, Bar Association Room No.16, is appointed Receiver for the purpose of making an inventory of the asset covered by the agreement. If t...
Sas Investments Fiduciary Ltd. Vs. Official Liquidator, High Court, Ca ...
Court: Kolkata
Decided on: Apr-21-2014
ORDER SHEET CA No.654 of 2007 CP No.553 of 1999 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : BHARAT MARGARINE LTD.(IN LIQN.) AND SAS INVESTMENTS FIDUCIARY LTD.VS OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA BEFORE: The Hon'ble JUSTICE PATHERYA Date : 21st April, 2014. Mr.Ranjan Bachawat, Ms.Aruna Ghosh, Mr.Deepnath Roy Chowdhury, Mr.Sayan Chowdhury, Adversus for the applicant Mr.Shamit Sanyal, Mr.Samit Bhanja, Adversus for SBI Mr.R.S.De, Adv.for WBIDC Ms.Ruma Sikdar, Adv.for O/L The Court : By this application the contributories have sought for stay of winding up petition so also the winding up order and sale notice published by WBIDC. The case of the applicant contributory is that the company was engaged in manufacture of margarine under the brand name Spreadit till the time it went into liquidation. The contributories seek to revive the company and for such purpose various steps have been taken by it including making payment to its secured credito...
L and T Finance Limited Vs. Dilip Yadav and anr.
Court: Kolkata
Decided on: Apr-21-2014
AP No.406 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED -VersusDILIP YADAV & ANR. Appearance: Ms.S.Saha, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 21, 2014. The Court : The respondents are not represented despite previous service and despite being made aware of the order dated March 10, 2014. Since the respondents take no interest in the matter despite a sum in excess of Rs.4 lakh being due only on account of defaulted instalments, Ms.Chandrani Mukherjee, Advocate is appointed receiver for the purpose of making an inventory of the asset covered by the agreement. If the respondents do not make payment of a sum of Rs.2 lakh by way of demand draft or bankers cheque or like instrument, not being a personal cheque, in favour of the petitioner by the time the receiver makes inventory of the asset, the receiver will then take possession of the asset and take steps to sell the same. If the...
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