Kolkata Court April 2014 Judgments
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Rashmi Metaliks Limited and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-29-2014
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present : The Honble Justice Dipankar Datta W.P. No.1049 of 2013 Rashmi Metaliks Limited & anr. vs. State of West Bengal & ors. For the petitioners : Mr. Jishnu Choudhury, Advocate Mr. P. K. Srivastava, Advocate Mr. Arif Ali, Advocate Mr. A. Saha, Advocate Mr. Sounavo Ghosh, Advocate Mr. Aritra Basu, Advocate Ms. Koushiki Bhattacharya, Advocate For the : Mr. Partha Sarathi Sengupta, Advocate respondents Mr. Santosh Kumar Ray, Advocate Ms. Sreemoyee Purkayastha, Advocate Ms. Bitika Kaur, Advocate Hearing concluded on : March 21, 2014 Judgment on : April 29, 2014 1. This writ petition is directed against an order dated September 11, 2013 of the Executive Engineer, Resources Division, Public Health Engineering Directorate, Govt. of West Bengal (hereafter the engineer and the department, wherever the context so requires). By the said order, the first petitioner has been suspended from participating in tenders on e...
Srei Equipment Finance Limited Vs. M/S. Zylog Systems Limited
Court: Kolkata
Decided on: Apr-29-2014
AP No.353 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus M/S.ZYLOG SYSTEMS LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 29th April, 2014. Appearance: Mr.Utpal Bose, Adv.The Court : The respondent is not represented despite service. This is a petition for modification of an order dated November 29, 2013 passed on a petition for termination of the mandate of an arbitrator and the appointment of a new arbitrator. The parties agreed, as would be evident from the order dated November 29, 2013, that the erstwhile arbitrator should be replaced. A new arbitrator was appointed by the order at an agreed consolidated remuneration of Rs.7 lakh to be shared by the parties in equal measure since the reference was to last a period of six months from the date of completion of the pleadings. The finance company now says that the respondent has shown no interest in the matter and it is unlikely that the respond...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Apr-29-2014
Company Application No.297 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction Original Side In The Matter Of: Triface Moulders Private Limited -AndIn The Matter Of: Ranks Fiscals Private Limited Appearance: Ms.Manju Bhuteria, Adv.BEFORE: The Hon'ble Justice Patherya Date : 29th April, 2014. The Court : A meeting of the members holding Equity Shares of Triface Moulders Private Limited, the Applicant No.1 abovenamed shall be convened and held at its registered office at 6, Brabourne Road, 4th Floor, Room No 403, Kolkata-700001 on 14th day of June, 2014 at 11.00 a.m.for the purpose of considering and if thought fit, approving, with or without modification, the proposed Scheme of Amalgamation of Triface Moulders Private Limited with Ranks Fiscals Private Limited. A meeting of the members holding Equity Shares of Ranks Fiscals Private Limited, the Applicant No.2 abovenamed shall be convened and held at 6, Brabourne Road, 4th Floor, Room No 403, Kolkata-700001 on 14th day of June,...
Vvf (India) Limited Vs. Jyothy Laboratories Limited
Court: Kolkata
Decided on: Apr-29-2014
AP No.390 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE VVF (INDIA) LIMITED Versus JYOTHY LABORATORIES LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 29, 2014. Appearance: Mr.Soumabho Ghosh, Adv.Mr.A.Agarwalla, Adv.Mr.S.K.Kapur, Sr.Adv.Mr.Anirban Roy, Adv.The Court : Though the petitioner insists that the respondent has sought to overreach Court and bypass orders by having the products covered by the negative covenant manufactured by third parties, the essence of this petition is reflected in paragraph 71 thereof. Such paragraph suggests that one of the ingredients used in the manufacture of soap noodles for Margo soap is neem oil and the procurement of neem oil for preparing soap noodles is covered by the agreement between the parties. The respondent relies on the copy of an invoice dated October 28, 2010 raised by Jocil Limited on the petitioner. Such invoice claims that Margo original neem green noodles had been supplied b...
Prasanta Kumar Ghose Vs. Standard Chartered Securities
Court: Kolkata
Decided on: Apr-29-2014
AP No.442 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRASANTA KUMAR GHOSE -VersusSTANDARD CHARTERED SECURITIES (INDIA) LIMITED Appearance: Mr.Sarathi Dasgupta, Adv...for the petitioner. Mr.Arindam Mondal, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 29, 2014. The Court : Two objections have been taken by the respondent to the institution of the present proceedings under Section 34 of the Arbitration and Conciliation Act, 1996. The respondent suggests that the petition for annulment of the arbitral award is premature as the bye-laws governing the parties provide for an appeal from an arbitral award. The respondent also questions the propriety of the petition being carried to this court in view of the forum selection clause in the bye-laws which has been made pursuant to a Securities and Exchange Board of India directive. As to the objection that the present petition may not be maintainable without exhaus...
M/S.Net 4 Communication Ltd. Vs. Srei Equipment Finance Ltd.
Court: Kolkata
Decided on: Apr-29-2014
ORDER SHEET CP No.760 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: M/S.NET4COMMUNICATION LTD.Versus SREI EQUIPMENT FINANCE LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date: 29th April, 2014 MRS.Manju Bhuteria, Adv..for the petitioner The claim in this winding up application arises out of lease rentals payable by the company to the petitioning creditor. Under a lease agreement dated 20th January, 2011 entered into between leasing IQ (India) PVT.LTD.and the company, the company is liable to make payment to the petitioning creditor who has acquired the right to realize the lease rentals, by virtue of a deed of assignment. For payment of sums which became due and payable a statutory notice was issued on 8th October, 2013. The said notice was received by the company. But, in spite of receipt of such notice, no reply has been given thereto. On 21st January, 2014, directions were given for filing affidavits and the same was extended on 25th February...
Bengal India Global Infrastructure Ltd. Vs. Chaitainya Alloys Pvt. Ltd ...
Court: Kolkata
Decided on: Apr-29-2014
GA No.1316 of 2014 CS No.231 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Bengal India Global Infrastructure LTD.Versus Chaitainya Alloys PVT.LTD.& ORS.Before: The Honble Justice I.P.MUKERJ.Date: 29th April 2014 Appearance: Mr.Rupak Ghosh , Advocate Mr.Shaunak Sengupta, Advocate Mr.U.S. Menon, Advocate for the petitioner Mr.P.K. Roy, Advocate Mr.K.Mukherjee, Advocate Mr.D.Mukhejee, Advocate for the respondent The Court: Considering the submissions of the parties, Mr.Rajarshi Raichoudhury, an Advocate of this Court, Bar Association, Room No.2 is appointed as Commissioner for the purpose of doing the following work: (i) He will hold periodic meetings with the representatives of the plaintiff and the fiRs.defendant. (ii) The parties will produce all records of the case before him. (iii) He will determine whether the claim of the said defendant that they are entitled to an adjustment of the price paid by them to the plaintiff on account of short supply made by...
Young Women's Christian Association and Anr. Vs. Ld. Second Labour Cou ...
Court: Kolkata
Decided on: Apr-29-2014
GA No.1754 of 2013 With WP No.1971 of 2003 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE YOUNG WOMEN'S CHRISTIAN ASSOCIATION & ANR. Versus LD. SECOND LABOUR COURT & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 29th April, 2014. Appearance: Mr.R.N.Majumder, Adv.Mr.N.Rakshit, Adv.Mr.Asoke Basu, Adv.for the petitioner Mr.Ranjan De, Adv.for the respondent no.3 The Court : This is an application by the respondent no.3 under Section 17B of the Industrial Disputes Act, 1947. The petitioner is an award holder. The Labour Court by an award dated 23rd May, 2003 directed reinstatement of the petitioner with back wages. This award of the Labour Court is under challenge. On an earlier occasion a similar application was filed in which an order was passed on 13th July, 2004 and the writ petitioner was directed to pay the salary on the basis of the last drawn wages to the applicant petitioner for a period of three months on the hope and expectation that the main wri...
Bengal India Global Infrastructure Ltd. Vs. Subhlabh Steels Pvt. Ltd. ...
Court: Kolkata
Decided on: Apr-29-2014
GA No.1314 of 2014 CS No.233 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Bengal India Global Infrastructure LTD.Versus Subhlabh Steels PVT.LTD.& ORS.Before: The Honble Justice I.P.MUKERJ.Date: 29th April 2014 Appearance: Mr.Rupak Ghosh , Advocate Mr.Shaunak Sengupta, Advocate Mr.U.S. Menon, Advocate for the petitioner Mr.P.K. Roy, Advocate Mr.K.Mukherjee, Advocate Mr.D.Mukhejee, Advocate for the respondent The Court: Considering the submissions of the parties, Mr.Rajarshi Raichoudhury, an Advocate of this Court, Bar Association, Room No.2 is appointed as Commissioner for the purpose of doing the following work: (i) He will hold periodic meetings with representatives of the plaintiff and the fiRs.defendant. (ii) The parties will produce all records of the case before him. (iii) He will determine whether the claim of the said defendant that they are entitled to an adjustment of the price paid by them to the plaintiff on account of short supply made by the l...
Tenants’ Association and ors. Vs. Narayan Kumar Bhojnagarwala and or ...
Court: Kolkata
Decided on: Apr-29-2014
ORDER SHEET GA No.1315 of 2014 CS No.251 of 2009 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE TENANTS ASSOCIATION & ORS.Versus NARAYAN KUMAR BHOJNAGARWALA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 29th April, 2014. Mr.Samit Talukdar, Sr.Adv.Ms.Hasnuhana Chakraborty, Adv.for the petitioners Mr.Shiv Shankar Banerjee, Mr.Arik Banerjee, Adversus for the respondent The Court : By this application the petitioners seek modification of order dated 22nd July, 2013. In view of the notice of attachment issued by the Kolkata Municipal Corporation, the tenants were directed to make payment of the respective rents to the Kolkata Municipal Corporation by the said order. On 25th April, 2014 a notice has been issued by the Assessor Collector (North).Kolkata Municipal Corporation to the Manager, Vijaya Bank in respect of the rent attachment notice. From a reading of the said communication it appears that the attachment notice has been stayed in view of payment made by the re...
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