Kolkata Court April 2014 Judgments
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Kajari Baral Vs. Piyali Banerjee and anr.
Court: Kolkata
Decided on: Apr-09-2014
ORDER SHEET CSOS No.2 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KAJARI BARAL Versus PIYALI BANERJEE & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date: 9th April, 2014 Mr.Anirban Roy, Adv.with Mr.Soumabho Ghose, Adv.Mr.Debabrata Das, Adv..for the pliantiff Mr.Durbadal Sur, Adv.Mr.S.Bhattacharjee, Adv..for the defendants Further to the order dated 21st March, 2014, publication of the gist of the contents of this originating summons suit was published in two newspapeRs.Times of India and Bartaman, Kolkata edition on 4th April, 2014. An affidavit of compliance to this effect has been filed on behalf of the plaintiff in the suit. There is no objection in Court to grant of reliefs based on questions framed for answer by this Court in this suit. I accept the submission made on behalf of the plaintiff that the income of the estate is paltry and insufficient to meet the cost of seba puja and the maintenance of the deities according to the dedicati...
M/S. Karuna Construction, a Proprietorship Firm Represented by Its Pro ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Apr-09-2014
Mridula Roy, Member. The instant appeal is directed against the judgment and order dated 24.09.2012 passed by Ld. District Forum, North 24 Pgs. in C.C. Case No. 224/2011 allowing the same on contest with cost of Rs.10,000/- against the O.P. No. 1 and exparete against O.P. No. 2 without cost, directing the O.P. No. 1 to pay a sum of Rs.6,36,666/- along with interest @ 10% per annum over the amount since 16.12.2005 till full realization, further directing the O.P. No. 1 to pay a sum of Rs.20,000/- towards damage for mental pain and agony cost by the O.P. No. 1 to the Complainant, to pay Rs.50,000/- towards penalty for adopting unfair trade practice which was to be deposited with the S.C.W.F., furthermore directing the O.P. No. 1 to complete entire unfinished work of the entire multistoried building including the flat of the Complainant at once and to handover NOC issued by the local municipality to the Complainant, directing the O.P. No. 1 to comply the entire decree within one month fro...
Kalyani Mukherjee, Kolkata Vs. Sankar Mukherjee, Kolkata and Another
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Apr-09-2014
Debasis Bhattacharya, Member Being aggrieved by and dissatisfied with the order dated 18.09.2012 passed by the Ld. District Forum, South 24 Parganas in Case No. 115/2012, by which the prayer petition of the Revisionist for impleading her a party in the case has been rejected, giving rise for her revision. In such prayer petition, she made out that the Complainant claimed himself as an owner of two-third share in such premises by his alleged purchase, which property is still unpartitioned and sub judice in the Civil Court at Howrah, and thus hit the principle of lis pendens. The Complainant is still a tenant and enjoying uninterrupted supply of electricity for his tenanted premises from the meter standing in the name of Maya Devi. He initiated T.S. No. 2307/2010 before the Ld. 2nd Court of Civil Judge (Junior Division) at Alipore on the same cause of action and reliefs and obtained an ex parte interim order dated 11.08.2010, against which she preferred Misc. Appeal No. 486/2010, which w...
M/S. Tata Capital Financial Services Ltd. Vs. Pradeep Boating Company ...
Court: Kolkata
Decided on: Apr-08-2014
A.P.No.481 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.TATA CAPITAL FINANCIAL SERVICES LTD.Versus PRADEEP BOATING COMPANY PVT.LTD.Appearance Mr.Swatarup Banerjee, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 8, 2014. The Court : The respondent is not represented despite previous service. The petitioner says that the asset covered by the agrement has been surrendered to a third party as would be evident from the respondents letter of August 27, 2014, a copy whereof is appended to the supplementary affidavit filed by the petitioner. The petitioner says that there is an error in the supplementary affidavit. It has been stated at paragraph 3 thereof that the asset has been surrendered to the petitioner, though the asset has been surrendered in favour of a third party. The petitioner seeks the appointment of a receiver to take possession of the asset from the third party since the petitioner claims to be recognised as the owne...
Capricorn Oils Ltd Vs. Om Prakash Agarwal and ors.
Court: Kolkata
Decided on: Apr-08-2014
1 ORDER SHEET GA No.1078 of 2014 APOT No.165 of 2014 CS No.125 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE CAPRICORN OILS LTD Versus OM PRAKASH AGARWAL & ORS.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 8th April, 2014. Appearance; Mr.Abhrajit Mitra, Mr.Indrajit Sarkar And Mr.Soumava Ghosh, ld. Advocates For the appellant. Ms.Madhy Priya and Mr.D.Sharma, Ld. Advocates for respondent Nos.1 to 4 Mr.Anirudha Roy and Mr.Ayan Kr. Boral Ld. Advocates for respondent Nos.5 and 6. The Court :- We have heard the parties at length. As per the sale notice Rs.2.65 crores is due as on November submits, the 29, 2009. amounts Mr.Ray due as appearing for on date that the Bank accrued substantial sum of interest subsequently. In any event, the admitted dues are outstanding for a long time. Mr.Abhrajit Mitra, learned Counsel appearing for the appellant, would, however, pray for little respite. He would submit, the appellant was and s...
Srei Equipment Finance Private Limited Vs. Rangara Industries Private ...
Court: Kolkata
Decided on: Apr-08-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction A.P.No.848 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.849 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.850 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.851 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.853 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.854 of 2012 SREI EQUIPMENTS FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.855 of 2012 SREI EQUIPMENTS FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED A.P.No.857 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th April, 2014. Appearance: Mr.Swatarup Banerjee, Adv.The Court : Since it is e...
B. C. Sen and Co. Ltd. Vs. Dagcon (India) Pvt. Ltd.
Court: Kolkata
Decided on: Apr-08-2014
ORDER SHEET GA No.840 of 2014 With CS No.95 of 2014 GA No.843 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE B.C.SEN & Co.LTD.Versus DAGCo.(INDIA) PVT.LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 8th April, 2014. Appearance: Mr.Abhrajit Mitra, Adv.Mr.D.Mondal, Adv.Mr.Jishnu Chowdhury, Adv.Mr.Sarvopriya Mukherjee, Adv.Mr.S.Chatterjee, Adv.Mr.B.Kumar, Adv.Mr.S.Ghosh, Adv.Mr.Surojit Nath Mitra Sr.Adv.Mr.Anirban Roy, Adv.Mr.Arun Nath Bhattacharyya, Adv.Mr.Sankarsan Sarkar, Adv.Mr.Sujit Kr. Singh, Adv.The Court: This is a dispute between the parties arising out of an agreement for sale of an immovable property. The plaintiff is the intending purchaser from the defendant of the fiRs.and part of the ground floor of premises no.143A, Rashbehari Avenue, Kolkata. The super built up area covered by the fiRs.floor is 4000 sq. ft. It is 415 sq. ft. on the ground floor. In addition to this, six mechanical car parking spaces were also proposed to be sold...
Srei Equipment Finance Ltd. Vs. Ashok Kumar Utarsingh Mohapatra and an ...
Court: Kolkata
Decided on: Apr-08-2014
ORDER SHEET GA8132014 APOT1272014 AP10922013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD.Versus ASHOK KUMAR UTARSINGH MOHAPATRA & ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 8th April, 2014. Mr.S.K.Tewari,, Adv., for the appellant. The Court : Both the undelivered packets have come back with the remark left. Hence, we proceed ex parte. On an application under Section 9 of the Arbitration and Conciliation Act, 1996 the learned single Judge initially passed an order of injunction that His Lordship confirmed by the order dated February 10, 2014. Pursuant to the order of His Lordship, the Receiver completed the inventory and submitted his report. His Lordship, however, discharged the Receiver without asking him to take possession of the assets. Hence, this appeal by the financier. According to the appellant, Rs.8.75 lakhs is still due and payable. The appeal succeeds in part. The or...
L and W Commerce Ltd. Vs. the Owners and Parties Interested
Court: Kolkata
Decided on: Apr-08-2014
ORDER SHEET GA No.1091 of 2014 AS No.3 of 2014 IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction L & W COMMERCE LTD.Versus THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V.HAN BAEK1 BEFORE: The Hon'ble JUSTICE PATHERYA Date : 8th April, 2014. Mr.Tilok Kumar Bose, Sr.Adv., Mr.Swatarup Banerjee, Adv., Mr.S.Roy, Adv.Mr.Rohit Mukherji, 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 wh...
Dr. Binod Khetrry and ors. Vs. R.K.P. Udyog Limited and ors.
Court: Kolkata
Decided on: Apr-08-2014
ORDER SHEET GA9652014 APOT762014 CS5681992 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DR. BINOD KHETRRY & ORS.Versus R.K.P.UDYOG LIMITED & ORS.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 8th April, 2014. Mr.M.S.Tewari, Adv., Mr.S.K.Tewari,, Adv., Mr.R.K.Pandey, Adv., for the appellant. Mr.Ashis Chakraborty, Adv., Ms.Sananda Mukhopadhyay, Adv., for the respondent. The Court : This application for review is filed to have our order dated February 26, 2014 set aside. By the said order we dismissed the appeal of the appellant. While doing so, we commented on the lackadaisical approach of the heirs of the original tenant in not taking steps for appropriate amendment. We also recorded the fact that the concerned room was being used by one Dr.Binod Khetrry who was claiming to be the one of the heirs of the deceased tenant. He was depositing Rs.120 per month in respect of the subject tenancy. We also observed, Binod d...
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