Kolkata Court April 2014 Judgments
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Indian Steel Corporation Ltd. Vs. the Owners and Parties Interest in t ...
Court: Kolkata
Decided on: Apr-11-2014
ORDER SHEET GA NO.1156 OF2014AS NO.4 OF2014IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE IN THE MATTER OF : INDIAN STEEL CORPORATION LTD.Versus THE OWNERS AND PARTIES INTEREST IN THE V ESSEL M.V.HAN ZHANG BEFORE: The Hon'ble JUSTICE PATHERYA Date : 11th April, 2014. MR.RATNANKO BANERJEE, MR.KRISHNA RAJ THAKER, MR.SWARAJIT DEY AND MR.INDRADIP BASU ADVOCATES FOR PLAINTIFF : The Court : This suit has been filed on account of damages suffered. The goods on the ship were galvanized steel coils which due to collapse of one pontoon of the said vessel has suffered damage. The said incident occurred on 4th April, 2014 and on 9th April, 2014 a survey report has been submitted. Damage and liability in respect thereof have also been accepted by the owners in the electronic mail dated 6th April, 2014. Therefore this suit has been filed in which interim reliefs have been sought. On consideration of the facts of this case from the email dated 6th April, 2014, the owners of the ve...
imi Glory Limited Vs. the Owners and Parties Interested
Court: Kolkata
Decided on: Apr-11-2014
ORDER SHEET GA No.1167 of 2014 AS No.5 of 2014 IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction IMI GLORY LIMITED Versus THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V.HAN BAEK1 BEFORE: The Hon'ble JUSTICE PATHERYA Date : 11th April, 2014. Mr.Tilok Kumar Bose,Sr.Adv., Mr.Swatarup Banerjee, Adv., Mr.Dwipraj Basu, Adv.for Plaintiff. The Court :-In the suit filed by the plaintiff relief has been sought on account of bunker delivered so also disbursement incurred on behalf of the ship or its owner which has been endorsed by the Master. Both the delivery of bunker and endorsement of the disbursement by the Master amount to a maritime claim. Therefore, the instant suit has been filed for recovery of sum and as the vessel M.V.Han Baek 1 is at present within the waters of India and more specifically in the waters of Kolkata Port, arrest of the vessel is sought. Delivery receipt issued evidences supply of bunker and sums due and payable on account thereof in respect whereof bills have ...
Nemai Chandra Ghosh Vs. Cesc Ltd. and ors.
Court: Kolkata
Decided on: Apr-11-2014
ORDER GA No.1124 of 2014 CS No.321 of 2004 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction NEMAI CHANDRA GHOSH Versus CESC LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 11th April 2014. Appearance: Mr.Jayanta Mitra, Advocate Sk. Omar Sarif, Advocate ...for the plaintiff. Mr.Debraj Bhattacharya, Advocate ...for the defendants. COURT: This is an application for amendment of the plaint. The plaintiff, by introducing certain averments in the original plaint, seeks to elucidate certain matters in order to establish his claim of malicious prosecution. Although a written statement has been filed, the trial has not commenced. Considering the nature of the amendment, in my view, such amendment shall not change the nature and character of the suit and such amendment is necessary for the purpose of determining the real issues between the parties. However, the amendment as suggested at page 36 in relation to paragraph (xiv) is disallowed. The said paragraph shall be ret...
Mcleod and Co. Ltd. Vs. Uco Bank
Court: Kolkata
Decided on: Apr-11-2014
ORDER SHEET GA No.388 of 2014 With CS No.153 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MCLEOD & Co.LTD.Versus UCO BANK BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 11th April, 2014. Appearance: Mr.Saunak Mitra, Adv.Mr.Vivek Jhunjhunwala, Adv.Mr.Siddhartha Chatterjee, Adv.Ms.Suchismita Chatterjee, Adv.The Court: This is an application for condonation of delay and for recalling and/or modification of the judgment and order dated 8th October, 2013 as modified on 19th November, 2013. The basis for such recalling is stated in paragraphs 5 and 8 of the petition. The grounds for recalling and/or modification, as it appears on the petition are that the petitioner has decided to shift his branch office from Netaji Subhas Road, Kolkata to India Exchange Place with effect from 31st March, 2014 and, accordingly, an application, being GA No.3823 of 2013, was taken out praying for time till March 31, 2013 to hand over the vacant possession for northern...
Ravi Kumar and ors. Vs. A. P. Floriculture Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Apr-11-2014
AP No.346 of 2003 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAVI KUMAR & ORS.Versus A.P.FLORICULTURE PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 11, 2014. Appearance: Mr.A.C.Kar, Adv.Mr.Asish Chakraborty, Adv.Mr.Mohit Gupta, Adv.The Court : Since the award-holders may not have had adequate opportunity to be represented upon the arbitration proceedings being carried to Delhi, a suggestion was made by Court to the award-holders to agree to a fresh reference upon the award impugned being set aside. In view of the fair stand taken by the award-holdeRs.the award dated September 9, 2003 is set aside by consent of the parties and by further consent of the parties all disputes between the parties covered by either agreement dated March 14, 1999 or October 13, 1999 are referred to Mr.Ajoy Krishna Chatterjee, Sr.Advocate. The parties have agreed that no question as to the maintainability of the reference on the ground of delay wo...
Jayanta Kumar Banerjee. Vs. Doctor Graham's Homes Kalimpong.
Court: Kolkata
Decided on: Apr-11-2014
ORDER SHEET GA784of 2014 With CS184of 1979 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JAYANTA KUMAR BANERJEE. Versus DOCTOR GRAHAM'S HOMES KALIMPONG. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 11th April, 2014. Mr.D.K.Singh, Adv.Mr.Sakya Sen, Adv.Mr.P.Saha, Adv..for the petitioner. Mr.Dhruba Ghosh, Adv.Mr.Sarathi Dasgupta, Adv.Mr.Raj Kumar Bose, Adv..for the defendant no.1. The Court: Courts were required to be liberal in considering an application for amendment. This was an application for amendment filed by the plaintiff. The plaintiff wanted to substitute the defendant no.2 with a new person. On behalf of the plaintiff it was submitted that the defendant no.2 was sued in the capacity as the Chairman of the defendant no.1. The proposed defendant no.2 was the present incumbent. The original defendant no.2 died. It was next contended on behalf of the plaintiff that they were not aware of the death of the original defendant no.2 till the time...
Pawan Properties Vs. Biswanath Agarwal (Also Known as Dhanania) and or ...
Court: Kolkata
Decided on: Apr-11-2014
GA No.2681 of 2011 GA No.2682 of 2011 CS No.619 of 1985 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PAWAN PROPERTIES Versus BISWANATH AGARWAL (ALSO KNOWN AS DHANANIA) & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 11th April, 2014. Appearance: Mr.Pratap Chatterjee, Sr.Advocate Mr.Asish Chakraborty, Advocate Mr.Siddhartha Banerjee, Advocate Ms.Shilpi Sinha, Advocate Mr.Subhankar Nag, Advocate Mr.K.C.Yadav, Advocate Ms.Amrit Khatoon, Advocate Mr.Srenik Singhvi, Advocate The Court: This application is made praying for the following orders:a) Leave be granted to the petitioner to file the said plan in the decree department; b) Costs of and incidentals to the petition be paid by the respondents; c) Such further and other order or orders be made and/or direction or directions be given as to which this Honble Court may deem fit and proper. The prayers were seriously opposed by Mr.Asish Chakraborty, learned advocate appearing for the original defendant...
Shriram Equipment Finance Company Limited Vs. Sanjiv Enterprise and an ...
Court: Kolkata
Decided on: Apr-11-2014
AP No.336 of 2014 AP No.337 of 2014 AP No.338 of 2014 AP No.339 of 2014 AP No.340 of 2014 AP No.341 of 2014 AP No.342 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SHRIRAM EQUIPMENT FINANCE COMPANY LIMITED Versus SANJIV ENTERPRISE & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 11th April, 2014. Mr.Swatarup Banerjee, Adv.appears The Court : These seven matters are between the same parties and the petitioning finance company says that a total amount in excess of Rs.72 lakh is due in respect of the several agreements only on account of defaulted instalments. Though the respondents are not represented despite deemed service, the petitioner claims that the respondents are represented in the arbitral references and despite advocate representing the respondents being informed 2 of the present proceedings under Section 9 of the Arbitration and Conciliation Act, 1996, the respondents are unrepresented. The respondents should show cause as to why all or so...
Sudipto Sarkar Vs. Air India Limited
Court: Kolkata
Decided on: Apr-11-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.727 of 1990 Sudipto Sarkar versus Air India Limited For the Plaintiff : Mr.Siddharta Mitra, Advocate Ms.M.Bhattacharya, Advocate Mr.Anunoy Basu, Advocate For the Defendant : Mr.Ashish Sanyal, Advocate Mr.Gautam Banerjee, Advocate Ms.Sucharita Ghosh, Advocate Heard on : March 19, 2014 Judgment on : April 11, 2014 DEBANGSU BASAK, J. The plaintiff, an eminent lawyer, sued the defendant for damages on breach of a contract of carriage. The plaintiff was travelling to Dubai for legal work fixed on July 9, 1989 and July 10, 1989. The plaintiff entered into a contract of carriage with the defendant. The defendant agreed to carry the plaintiff from Kolkata to Dubai and back. The agreed onward journey was that, the defendant would carry the plaintiff from Kolkata to Delhi by flight AI165 on July 9, 1989 departing Kolkata at 0500 hours and arriving at Delhi at 0650 hou...
Nagreeka Exports Ltd. Vs. Pubali Bank Ltd. and ors.
Court: Kolkata
Decided on: Apr-11-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.12 of 2000 Nagreeka Exports LTD.versus Pubali Bank LTD.& ORS.For the Plaintiff : Mr.Debojyoti Dutta, Advocate Mr.S.N.Pandey, Advocate For the Defendants : Mr.Mr.Mr.Mr.Retobroto Mitra, Advocate S.S.Bose, Advocate S. Dhar, Advocate I. Karfa, Advocate Heard on : March 28, 2014 Judgment on : April 11, 2014 DEBANGSU BASAK, J. The plaintiff sold Indian Parboiled Rice (non Basmati) to the Defendant No.3. The payment was secured by an irrevocable letter of credit. The Defendant No.3 caused an irrevocable documentary letter of credit dated December 28, 1998 for US$ 22,770/- to be opened by the Defendant No.1 with the plaintiff being the beneficiary thereof. The letter of credit was advised to the plaintiff by the Defendant No.2. The plaintiff exported the contracted goods to the Defendant No.3. The Defendant No.4 negotiated the letter of credit and presented the docu...
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