Kolkata Court April 2014 Judgments
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Ranjeev Kumar Sharma Vs. Reliance Capital Limited and ors.
Court: Kolkata
Decided on: Apr-01-2014
GA No.916 of 2014 AP No.1576 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RANJEEV KUMAR SHARMA Versus RELIANCE CAPITAL LIMITED & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 1st April, 2014. Appearance: Mr.Moinak Boae, Adv.Mr.Arijit Dey, Adv..for respondent no.1 The Court : GA No.916 of 2014 is a formal application for recording the death of the fourth respondent and for substituting the deceased respondent by her heiRs.AP No.1576 of 2013 is a petition for setting aside an arbitral award. The fiRs.respondent award-holder and the petitioner had informally agreed to have the award set aside and refer the disputes to an independent arbitrator, whereupon it was discovered that there were other parties to the proceedings whose consent had to be obtained. It was in such connection that the petitioner discovered that the fourth respondent guarantor had died. The deceased fourth respondent is survived by her husband, Pratap Singh Narula, an...
M/S. M.P. Bhagat and Co. Vs. Union of India and ors.
Court: Kolkata
Decided on: Apr-01-2014
AP No.401 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.M.P.BHAGAT & Co.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 1, 2014. Appearance: Mr.Amitava Ghosh, Adv.Ms.Aparna Banerjee, Adv.The Court : There is no dispute between the parties as to the existence of the arbitration agreement and the fact that there are disputes between the parties which are covered by the arbitration agreement and can be referred to arbitration. Following the failure of the appointing authority in terms of the arbitration clause contained in the standard conditions governing railway contracts, the contractor has carried the present request under Section 11 of the Arbitration and Conciliation Act, 1996. The railways have indicated their panel of gazetted railway officeRs.The petitioner says that since the contract involved civil works, a civil engineer may be appointed arbitrator. However, since the railways insist on a three...
Harshit Enterprises Vs. Punjab National Bank and anr.
Court: Kolkata
Decided on: Apr-01-2014
ORDER SHEET WP No.192 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE HARSHIT ENTERPRISES Versus PUNJAB NATIONAL BANK & ANR. BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date: 1st April, 2014 Mr.Saurabh Maitra, Adv.with Mr.Gaurav Purkayastha, Adv..for the petitioner Ms.A.Rao, Adv.with Ms.S.Ghosh, Adv..for the respondents This writ petition dated 18th February, 2014 is directed against a notice dated 25th February, 2014 issued by the Punjab National Bank conveying to the petitioner that his loan account has been declared as non-performing asset and that he may show cause as to why he shall not be classified as a willful defaulter by making an appearance before the Grievance Redressal Committee (hereafter the Committee) of the bank on 3rd March, 2014. Although the petitioner was called upon to attend the hearing on 3rd March, 2014, learned advocate for the petitioner wished the writ petition to be listed on 4th March, 2014. It is submitted by Ms.Rao, le...
Dhananjay Sharma Vs. Dulichand Finance and Leasing Ltd and anr.
Court: Kolkata
Decided on: Apr-01-2014
1 ORDER SHEET GA No.883 of 2014 APOT No.132 of 2014 AP No.772 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DHANANJAY SHARMA Versus DULICHAND FINANCE AND LEASING LTD & ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 1st April, 2014. Appearance: Mr.Sakya Sen, Ms.Nilanjana Auddy and Mr.Megnath Dutta, ld. Advocates for the appellant. Mr.Ramesh Chandra Pal with Ms.Tutul Das, Ld. Advocates for the respondent. The Court :- This is an appeal arising out of an order of dismissal of an application for restoration. The facts would reveal, the appellant left no stone unturned preventing realization of the claim of the respondent. The respondent extended financial support to the appellant that the appellant failed to repay resulting in arbitration. The appellant did not contest the arbitration and suffered an exparte award amounting to Rs.16 lacs approximately. The award was dated October 10, 2012. Since then the respondent wa...
Commissioner of Customs (Airport and Administration),kolkata Vs. M/S. ...
Court: Kolkata
Decided on: Apr-01-2014
ORDER SHEET W.P.No.386 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE COMMISSIONER OF CUSTOMS (AIRPORT & ADMINISTRATION),KOLKATA VERSUS M/S.SOUTH ASIAN PETROCHEM LTD.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 1ST APRIL, 2014. For the Customs Authority : Mr.R.Bharadwaj,Sr.Advocate Mr.T.M.Siddiqui,Advocate The Court :- This writ petition is at the instance of the department challenging an order dated 29th October, 2012 passed by the CustoMs.Excise & Service Tax Appellate Tribunal, East Regional Bench, Kolkata, whereby and whereunder an application for condonation of delay in preferring the appeal was rejected. At the very outset, the point arose whether the order rejecting an application for condonation of delay amounts to the rejection of the main proceeding as well. The aforesaid point has been settled by the Apex court in case of Shyam Sundar Sarma versus Pannalal Jaiswal & ORS.reported in AIR2005Supreme Court 226 in these words : 10. The qu...
Chowdhary Udyog Vs. Commissioner of Customs (Port)and ors.
Court: Kolkata
Decided on: Apr-01-2014
ORDER SHEET W.P.224 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE CHOWDHARY UDYOG Versus COMMISSIONER OF CUSTOMS (PORT).ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 1st April, 2014. For Plaintiff/Petitioner : Mr.Sudhir Meheta, Adv.For Defendant/Respondent : Mr.Pradip Kr. Roy, Sr.Adv.Mr.K.K. Maity, Adv.Mr.K.Dey, Adv.For the DRI. The Court : The petitioner have assailed the showcause notice on the ground that the same is issued under section 28 read assessment with is section made 124 under of the section Customs 18 of Act the before said final Act. The petitioner relies upon a judgement of this Court in the case of A.S.Syndicate (Warehousing) P. LTD.versus Commissioner of Customs (Port) reported in 2011 (267) E.L.T.469 (Cal.) to the proposition that the show cause notice issued under section 28 or under section 124 cannot withstand unless the final assessment is made. The Division Bench of the Bombay High Court in the case of Commissioner o...
Commissioner of Customs (Port), Kolkata Vs. M/S. National Perfumery Ho ...
Court: Kolkata
Decided on: Apr-01-2014
ORDER SHEET W.P.No.343 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE COMMISSIONER OF CUSTOMS (PORT).KOLKATA VERSUS M/S.NATIONAL PERFUMERY HOUSE BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 1ST APRIL, 2014. For the Customs Authority : Mr.R.Bharadwaj,Sr.Advocate Mr.T.M.Siddiqui,Advocate The Court :- This writ petition is at the instance of the department challenging an order dated 29th October, 2012 passed by the CustoMs.Excise & Service Tax Appellate Tribunal, East Regional Bench, Kolkata, whereby and whereunder an application for condonation of delay in preferring the appeal was rejected. At the very outset, the point arose whether the order rejecting an application for condonation of delay amounts to the rejection of the main proceeding as well. The aforesaid point has been settled by the Apex court in case of Shyam Sundar Sarma versus Pannalal Jaiswal & ORS.reported in AIR2005Supreme Court 226 in these words : 10. The question was considered...
M/S. Korp Resources Pvt. Ltd. and anr. Vs. Deputy Commissioner of Inco ...
Court: Kolkata
Decided on: Apr-01-2014
1 WP270of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.KORP RESOURCES PVT.LTD.& ANR. VERSUS DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, KOLKATA & ORS.BEFORE : THE HONBLE JUSTICE HARISH TANDON DATE : 1ST APRIL,2014. For the petitioners : Mr.Soumyajit Dasgupta,Advocate Mr.Debmalya Ghosal,Advocate For the respondent : Ms.Mamta Bhargav,Advocate appeaRs.The Court :- The petitioner has raised multiple grievances in this writ petition. According to the petitioner, when an assessment under Section 142 of the Income Tax Act is pending, the authorities cannot proceed under Section 148 of the said Act. The authorities cannot deny the supply of the photocopies of the documents impounded under Section 133A of the said Act. Lastly, it is submitted that the authorities collected four cheques covering Rs.2 crores towards the advance tax for the assessment year 2014-15, but have appropriated a sum of Rs.25 lakhs towards the liability in respect of the assessmen...
Hdfc Bank Limited Vs. A. S. Logistics and anr.
Court: Kolkata
Decided on: Apr-01-2014
1 ORDER SHEET GA No.935 of 2014 APOT No.139 of 2014 EC No.62 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE HDFC BANK LIMITED Versus A.S.LOGISTICS & ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 1st April, 2014. Appearance: Mr.Jishnu Chowdhury, Mr.Sukrit Mukherjee Ld. Advocates for the appellant. Mr.Debajyoti Basu and Sk.J.Hossain Ld. Advocates for the respondent. The Court :- Admitted facts would depict, the respondent already suffered an award for Rs.43.75 lacs. The appellant would admit, a sum of Rs.12 lacs approximately was received leaving the balance sum that permitted them to approach the Executing Court. The Executing Court permitted the respondent to utilise the equipment upon payment of a sum of Rs.1 lac initially and Rs.50,000/- per month when the monthly instalment as per the agreement is Rs.1.25 lacs approximately. Hence this appeal. Opposing the appeal Mr.Bose appearing respondent would strenuously o...
Abg Infralogistics Ltd. Vs. Psa India Pte Ltd. and ors.
Court: Kolkata
Decided on: Apr-01-2014
TA No.47 of 2014 with T No.102 of 2014 TA No.50 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ABG Infralogistics LTD.Versus PSA India Pte LTD.& ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 1st April 2014 Appearance: Mr.Sudipto Sarkar, Sr.Advocate Mr.Jishnu Chowdhury, Advocate Mr.A.Ali, Advocate Mr.Derajyoti Bhatacharya, Advocate Mr.S.Mazumdar, Advocate Mr.Surajit Sen, Advocate Mr.Dharam Jumani, Advocate Ms.Nairita Datta Chowdhury, Advocate for the plaintiff Mr.S.N. Mookherjee, Sr.Advocate Mr.Ratnanko Banerjee, Advocate Mr.Rajendra Barot, Advocate Mr.Sanjay Ginodia, Advocate Mr.Manoj Kumar Tiwari, Advocate for respondent Nos.1 & 2 Mr.Abhrajit Mitra, Advocate Mr.Ashok Kumar Jena, Advocate for respondent No.3 The Court: One is an application by the plaintiff asking for interim ordeRs.There is another application under Section 45 of the Arbitration & Conciliation Act, 1996, by the fiRs.defendant to refer the parties to arbitration. An unreported judgment of...
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