Kolkata Court April 2014 Judgments
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M/S. Shriram Investment Services Ltd. Vs. State of West Bengal and ors ...
Court: Kolkata
Decided on: Apr-25-2014
GA No.103 of 2004 WITH WP1243of 2002 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE M/S.SHRIRAM INVESTMENT SERVICES LTD.VERSUS STATE OF WEST BENGAL & ORS.BEFORE : THE HONBLE JUSTICE SOUMEN SEN DATE : 25TH APRIL,2014. THE COURT :- The petitioner has filed this writ application challenging the award dated 27th March,2000 passed by the learned Presiding Officer, 2nd Labour Court, West Bengal in Case No.10(1B)(d)/29 of 1998 filed by the respondent workman claiming reinstatement in the establishment of the petitioner with full back wages and other consequential benefits with effect from 31st March,1998. The case of the private respondent before the Tribunal was that he joined service as an assistant in 1996 and an appointment letter was issued on 17th December,1996. The company suddenly on 31st March,1998 terminated his service with effect from 31st March,1998 without showing any reason. The service of the petitioner was found to be satisfactory. He approached the Labour Commissioner and, by r...
Ajay Kumar Goel Vs. Srei Equipment Finance Pvt. Ltd.
Court: Kolkata
Decided on: Apr-25-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction AP No.177 of 2014 AJAY KUMAR GOEL Versus SREI EQUIPMENT FINANCE PVT.LTD.AND AP No.548 of 2014 SREI EQUIPMENT FINANCE PVT.LTD.Versus AJAY KUMAR GOEL & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 25th April, 2014. APPEARANCE: Mr.Swatarup Banerjee, Adv.Ms.Sneha Sharma, Adv.Mr.K.C. Garg, Adv.The Court : AP No.177 of 2014 is a petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenging the award that has been passed in favour of the finance company. AP No.548 of 2014 is the petition under Section 9 of the Arbitration and Conciliation Act, 1996 filed by the finance company during the pendency of the Section 34 proceedings. Several solutions were offered by Court to the hirer to make payment and take back the asset which has been taken possession of by the finance company or to make payment of the dues together with interest in a phased manner by furnishing some security or to make payment o...
Sudesh Chander Talwar Vs. Seema SarIn and ors.
Court: Kolkata
Decided on: Apr-25-2014
GA No.894 of 2014 TS No.2 of 2014 IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE In the goods of: BHAGWATI TALWAR (DECEASED) SUDESH CHANDER TALWAR Versus SEEMA SARIN & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th April, 2014. Appearance: Mr.Mr.Mr.Mr.Dhruba Ghosh, Advocate Anirban Roy, Advocate C.M.Ghorawat, Advocate Samik Kanti Chakraborty, Advocate Mr.Shyam Prasad Sarkar, Sr.Advocate Mr.Saikat Basu, Advocate Ms.Subrataa Chakraborty, Advocate The Court: This is an application filed by the executor and propounder of the will in question, for examination of an attesting witness, Smt. Sarla Gulati on commission, on an urgent basis. The reason is that she is over seventy years of age and a cancer patient. Her deposition is vital for the out-come of the case and should be recorded immediately. The applicant submits that the commission should take place in Kolkata. Mr.Sarkar, learned Counsel appearing for the caveatrix, opposes this application. H...
Sanatan Mukherjee Vs. Eastern Coalfields Ltd. and ors.
Court: Kolkata
Decided on: Apr-25-2014
ORDER SHEET WP No.329 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SANATAN MUKHERJEE Versus EASTERN COALFIELDS LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th April, 2014. Appearance: Mr.Susanta Pal, Adv.Mr.Partha Basu, Adv.Mr.Nikhil Kumar Roy, Adv.The Court: In this writ application, the petitioner has prayed for payment of gratuity for his training period from 16th February, 1962 to 31st December, 1965. It is not in dispute that the petitioner was a trainee during the aforesaid period. The petitioner was successful before the controlling authority. However, the Appellate Authority reversed the order holding that the payment of trainee could not be considered for payment of gratuity. Against this order of the Appellate Authority, the petitioner has filed the present writ application. On the last occasion, the petitioner had relied upon a decision of the Honble Division Bench presided over by the Honble the Chief Justice in the case ...
L and T Finance Limited Vs. Sarada Pleasure and Adventure Ltd. and
Court: Kolkata
Decided on: Apr-24-2014
AP No.1127 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED -VersusSARADA PLEASURE & ADVENTURE LTD.& ANR. Appearance: Mr.Paritosh Sinha, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 24, 2014. The Court : The respondents are not represented despite previous service. In view of the receivers report and the letter of the Officer-in-charge of Birpara police station which is annexed to such report, it is evident that the asset covered by the agreement is at the Bandapany tea garden. The petitioner claims that the second respondent guarantor is the principal person in control of the company or organization that is responsible for the tea garden. According to the petitioner, there is unrest at the tea estate and the asset is in serious jeopardy. The receiver is directed to take possession of the asset, with the help of the police assistance by breaking open any padlock to reach the asset. The r...
L and T Finance Ltd. Vs. Shipra Mondal and anr.
Court: Kolkata
Decided on: Apr-24-2014
EC No.176 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION L & T Finance LTD.Versus Shipra Mondal & Anr. Before: The Honble Justice I.P.MUKERJ.Date: 24th April 2014 Appearance: Mr.Paritosh Sinah, Advocate for the decree-holder The Court: This is an execution application for enforcement of an award/decree dated 15th November 2013. The sum sought to be realised is Rs.11,81,444.04 together with further interest. It appears from the minutes of the Receiver dated 19th November 2014 pursuant to the order dated 30th January 2014 passed by the Honble Appeal Court that possession of the asset has been taken. The only offer of Mr.Gautam Das of Durgapur 10, West Bengal for Rs.6,00,000/- is accepted. The Receiver is directed to conclude the sale in his favour upon payment of the full purchase price by the said offerer. Possession of the asset may be handed over through an agent upon receipt of the full consideration. The Pay Order/Demand Draft representing the earnest mon...
Mr. Nirmalya Dasgupta, Ad Vs. …for the Petitioner
Court: Kolkata
Decided on: Apr-24-2014
ORDER SHEET CP No.68 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: KALYANPUR CEMENTS LTD.AND G.B.LOGISTICS BEFORE: The Hon'ble JUSTICE PATHERYA Date : 24th April, 2014. Ms.Sutapa Roy Chowdhury, Mr.Nirmalya Dasgupta, Adversus for the petitioner Mr.S.Ghosh, Mr.S.Kumar, Adversus for the company The Court : The claim in this winding up application arises out of transportation effected by the petitioning creditor for and on behalf of the company. There is no dispute with regard to goods transported. Bills have also been raised and accepted by the company and the only plea taken by the company is that a reference has been filed by it before the BIFR and its claim has been sanctioned by the Board. This may be true but in the order dated 3rd February, 2012 BIFR has categorically stated in paragraph 17 sub-paragraph (xi) at page 79 as follows : xi) All current dues arising after cut-off date (30.9.2009) to be paid by the company in the normal couRs....
Bhutoria Valve Udyog Ltd and ors. Vs. M/S. Bajranglal Mahabir Prasad a ...
Court: Kolkata
Decided on: Apr-24-2014
ORDER SHEET CS No.611 OF1992GA NO.814 OF2013GA NO.3452 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BHUTORIA VALVE UDYOG LTD & ORS.Versus M/S.BAJRANGLAL MAHABIR PRASAD & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 24th April, 2014. Mr.S.Ghosh, Ms.D.Sahaappear. Mr.S.Chakraborty, Ms.S.Bhattacharjee, Ms.A.Banerjeeappear. Mr.D.BasuappeaRs.Mr.N.PalchowdhuryappeaRs.The Court : Both the applications are disposed of by this common order. This is a suit by the plaintiffs, inter alia, against the defendant companies seeking, inter alia, a declaration that the plaintiffs are the registered holders of shares in each of those companies. One of the applications [GA No.814 of 2013]., is an application for intervention by one Suresh Kumar Somani to be added as defendant no.15. Very curiously, the plaintiffs have also made an application [GA No.3452 of 2013].for the same purpose. According to Mr.Somani he is the registered holder of a part of the shares,...
Vinod Kumar Updhyay Vs. the Managing Committee of St. Mary’s
Court: Kolkata
Decided on: Apr-24-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Debasish Kar Gupta April 24.2014 WP1203of 2013 Vinod Kumar Updhyay versus The Managing Committee of St. Marys School & ORS.Mr.Biswarup Bhattacharya, Advocate with Mr.Farhan Ghaffar, Advocate for the petitioner Mr.S.Baid, Advocate with Mr.S.Sengupta, Advocate Ms.Anunima Laha, Advocate for the respondent nos.1 to 6 and 7 The Court :- This writ application is filed by the petitioner for a direction upon the Final Appeal Board to dispose of the appeal preferred by the petitioner against order dated August 29, 2013 passed by the Appellate Authority, Calcutta Diocesan Schools. By the aforesaid order dated August 29, 2013 the Appellate Authority confirmed the order dated April 19, 2013 passed by the Secretary, St. Marys School Managing Committee. While the petitioner was working for gain as an Assistant Teacher of St. Marys School. His service was terminated by the respondent school in ac...
Mr. S. Das, Ad Vs. …for the Petitioner
Court: Kolkata
Decided on: Apr-24-2014
ORDER SHEET CP No.155 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: SADHU TOOLS AND EQUIPMENTS P. LTD.AND DHANBAD ELECTRICALS PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 24th April, 2014. Mr.S.Dutta, Mr.B.Das, Mr.S.Das, Adversus for the petitioner Mr.Amitava Ghosh, Mr.Navojit Mukherjee, Mr.Sourav Chatterjee, Adversus for the company The Court : A statutory notice has been issued as the company did not pay for the goods supplied. A reply has also been given to the statutory notice. As no payment was forthcoming this winding up application has been filed. The company after filing of this winding up application has paid a sum of Rs.50,000/- to the petitioning creditor. Another pay order of Rs.50,000/- has been handed in Court to counsel for the petitioning creditor by counsel for the company. Therefore the amount paid as on date aggregates to Rs.1 lakh. The claim in the statutory notice is for Rs.5 lakh which today stands reduced to Rs...
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