Kolkata Court April 2014 Judgments
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A Tosh and Sons (India) Ltd. and ors. Vs. Jyotirmoy Ghosh and ors.
Court: Kolkata
Decided on: Apr-17-2014
ORDER SHEET ACO No.69 of 2014 APOT No.of 2014 APO No.127 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF: A TOSH & SONS (INDIA) LTD.& ORS.Versus JYOTIRMOY GHOSH & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 17th April, 2014. Appearance:Mr.Pratap Chatterjee, Sr.Adv., Mr.Tilok Bose, Sr.Adv., Mr.A.Basu, Adv.Mr.Rudraman Bhattacharyya, Adv.with Mr.Emon Bhattacharya, Adv..for Appellant/petitioner. Mr.Abhrajit Mitra, Adv.with Ms.Noelle Banerjee, Adv..for the respondents. The Court :-This appeal has been filed against the order dated 27.03.2014 which according to the appellant herein was served on it on 09.04.2014. The appellants case is that by virtue of the interim order passed the Company Law Board has brought its business to a stand still. This is opposed by Counsel for the respondents who are the original petitioners in the proceedings filed under Sections 397 and 398 of the Companies Act, 1956. According to the respondents it has no objection if the purch...
Rabindra Kumar Mehra Vs. Tara Chand Mehra and ors.
Court: Kolkata
Decided on: Apr-17-2014
ORDER SHEET GA NO.895 OF2014WITH CS NO.90 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RABINDRA KUMAR MEHRA Versus TARA CHAND MEHRA & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 17th April, 2014. Mr.J.Chowdhury, Mr.S.Mukherjee, Mr.S.Bhattacharyya, Mr.S.Ghoshappear. Mr.L.R.MondalappeaRs.The Court : At the instance of the third defendant, on an interim application [GA No.2613 of 2013].this Court had passed an order on 9th September, 2013 appointing Joint Receivers for the purpose of collecting current and arrear rent between 1990 till 2008. Directions for filing affidavits were also made. Unfortunately, on 20th November, 2013, this application was dismissed for default and the third defendant has taken no steps for its restoration. This application has been taken out by the plaintiff. He says that he was also a beneficiary of the order dated 9th September, 2013 and is prejudicially affected by the dismissal of the third defendants applicat...
The Bengal Freemasons' Trust Association Vs. District Grand Lodge of M ...
Court: Kolkata
Decided on: Apr-17-2014
ORDER SHEET TA No.54 of 2014 CS No.134 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE BENGAL FREEMASONS' TRUST ASSOCIATION Versus DISTRICT GRAND LODGE OF MARK MASTER MASONS OF BENGAL & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 17th April, 2014. Appearance: Mr.Samrat Sen, Adv.Ms.Priyanka Dhar, Adv.The Court :- This application is moved upon notice. An affidavit of service is on record. None appears for the defendants. No accommodation is sought. The plaintiff is a company limited by guarantee. It is affiliated to the Grand Lodge of Mark Master Masons of England and Wales and its Districts and Lodges Overseas, situated in London. The plaintiff body has affiliates all over the country. One such affiliate was an unincorporated association, Mark Master Masons which was functioning from about 3408 sq.ft. covered area together with lawn at 19 Mother Teresa Sarani, Kolkata 700 016. Now, it appears that the association broke up in August, 2...
The New India Assurance Company Ltd. Kolkata Vs. Master Aditya Poddar, ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Apr-17-2014
J. Bag, ld. Member, J. The present appeal is directed against the Order dated 08. 02. 2013 of the Ld. District Consumer Disputes Redressal Forum, Unit-I , Kolkata, in CDF/Unit-I / Case No.427/10, whereby, the complaint was allowed on contest with cost against OP No.1 and ex parte without cost against OP No.2 . The complaint case, in brief, was as follows: The Complainants father (natural guardian of the minor, namely, Master Aditya Poddar) had taken a Hospitalization Benefit Policy (2007) from the New India Assurance Company Ltd. for self and members of his family including minor sons on payment of premium of Rs.3,509/- only. The policy was renewed from time to time till 01.05.2011. In May, 2010, the Complainants son, ( Master Aditya Poddar) had some pain in groin area . The consulting Doctor diagnosed the ailment to be a case of Inguinal Hernia and advised for surgery. The Complainant in terms of the policy filed a Mediclaim Form issued by OP No.1 for the period of treatment and all t...
Srei Equipment Finance Ltd. Vs. Bishnu Chand Choudhary
Court: Kolkata
Decided on: Apr-16-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction AP No.1590 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.1591 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.1594 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.1595 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.1596 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.13 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.68 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.69 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.74 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.75 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 16th April, 2014. Mr.Swatarup Banerjee, Adv.appears The Court : The ...
Srei Equipment Finance Ltd. Vs. Baba Nanak Sars Infrastructure (P) Ltd ...
Court: Kolkata
Decided on: Apr-16-2014
AP No.241 of 2014 AP No.242 of 2014 AP No.243 of 2014 AP No.244 of 2014 AP No.247 of 2014 AP No.248 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI EQUIPMENT FINANCE LTD.Versus BABA NANAK SARS INFRASTRUCTURE (P) LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 16th April, 2014. Mr.Utpal Bose, Adv.appears The Court : The Receivers appointed in these matters have filed reports from which it appears that all the assets covered by these agreements are lying near at Nagpur in the premises of Konsa Open Cast Mines. The previous orders had noticed the substantial claim of the petitioner in respect of the individual agreements and had required the Receivers to take possession of the assets covered by the agreements, subject to Western Coalfields Limited not claiming any title over the assets. The petitioner claims a total sum in excess of Rs.7 crore to be due upon termination of the agreements including an amount in excess of Rs.2.90 crore on account defau...
Bengal Freemasons' Trust Association and Anr. Vs. Commissioner of Poli ...
Court: Kolkata
Decided on: Apr-16-2014
ORDER SHEET WP No.312 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BENGAL FREEMASONS' TRUST ASSOCIATION AND ANR. Versus COMMISSIONER OF POLICE KOLKATA AND ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 16th April, 2014 Mr.Jaydeep Kar, Adv.with Mr.R.L. Mitra, Adv..for the petitioners Mr.Sakya Sen, Adv.with Mr.Mirza Firoj Ahmed Begg, Adv..for the State Md.Shafiul Alam, Adv.with Mr.Sujoy Bandopadhyay, Adv.for the respondents 4 & 5 Mr.Purnasis Bhuniya, Adv..for the respondent no.6 It is submitted on behalf of the private respondent that Mr.Arunabha Ghosh, learned advocate has been engaged to represent them but because of some difficulty, he is not in a position to address the Court today. A prayer for adjournment has been made. Mr.Joydeep Kar, learned advocate appearing for the petitioners submits that he does not seriously oppose the prayer for adjournment but the private respondents should be restrained from allowing any party to hold any fun...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Apr-16-2014
ORDER SHEET CP NO.423 OF2013IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : M/S.IMECO LTD AND IN THE MATTER OF : KHAGENDRA NATH DAS @ K .N.DAS BEFORE: The Hon'ble JUSTICE PATHERYA Date : 16th April, 2014. MR.SUDIP GHOSH,ADVOCATE FOR PETITIONIG CREDITOR MR.NIKUNJ BERLIA,ADVOCATE FOR COMPANY The Court : In this winding up application the claim arises on account of electrical works executed and materials supplied. The petitioning creditor was appointed as a sub-contractor by the company in whose favour work order has been issued by SAIL. For works executed and supplies made, the petitioning creditor raised bills on the company and the company made part payments. For the balance sum, a notice under section 434 of the 1956 Act was issued by the petitioning creditor to the company on 18th April, 2013 to which a reply has been given by the company on 14th May, 2013. In the reply the company has denied that any payment is to be made to the petitioning credi...
Srei Equipment Finance Private Limited Vs. B. Mustaq Hussain
Court: Kolkata
Decided on: Apr-16-2014
AP No.942 of 2012 AP No.978 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI EQUIPMENT FINANCE PRIVATE LIMITED Versus B. MUSTAQ HUSSAIN BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 16th April, 2014. Appearance: Mr.Swatarup Banerjee, Adv.Mr.Srijib Chakraborty, Adv.The Court : These two are connected matters in the sense that the parties are the same. There is no dispute between the parties as to the principal amount due of Rs.10,14,590/- but the parties have not been able to agree on the interest that is payable on account of the delayed payment of the instalments. The finance company informs that an award has been passed in the reference pertaining to AP No.978 of 2012. The parties are agreed that the award may be set aside by consent and the references in two matters can be combined and sent to a sole arbitrator to be appointed by Court to determine the amount of interest that the petitioner would be liable to receive. Accordingly, the award passed...
Promode Kr. Bajaj Vs. Shew Ratan Bajaj and ors.
Court: Kolkata
Decided on: Apr-16-2014
ORDER SHEET G.A.No.978 of 2014 With C.S.No.58 of 1991 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE PROMODE KR. BAJAJ Versus SHEW RATAN BAJAJ & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 16th April, 2014. Appearance: Mr.Swapan Kr. Mullick, Adv.Mr.Supratim Laha, Adv. for the plaintiff Mr.Anuj Kr. Singh, Adv.Mr.Adil Rashid, Adv.Mr.Kaushik Chatterjee, Adv. for the respondent Nos.1 & 3A Mr.R.C.Prasti, Adv.Ms.Liza Som, Adv. for the defendant no.4 MRS.Nandini Mitra, Adv.Mr.P.Sarawagi, Adv. for the defendant no.6 Mr.S.Chakrabarty, Adv. for the respondent nos.7 & 9 Mr.Rajarsi. Dutta, Adv. for the defendant Nos.5A, 5B and 5C The Court: This was the third application for amendment made by the defendant no.1. Previously, the defendant Nos.1 and 3A sought amendment of the written statement which was allowed by the order dated February 26, 2008. Such amendment was not carried out. The second application for amendment was allowed on February 21, 2014 by m...
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