Kolkata Court April 2014 Judgments
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Pam Developments Pvt. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-24-2014
GA No.1199 of 2014 AP No.492 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side PAM DEVELOPMENTS PVT.LTD.Versus STATE OF WEST BENGAL & ORS.Appearance Mr.Priyankar Saha, Adv.Mr.P.Sinha, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : April 24, 2014. The Court : Sufficient grounds have been made out as to why the petitioner was not represented on April 11, 2014 when AP No.492 of 2014 was dismissed for default. The order dated April 11, 2014 is recalled and AP No.492 of 2014 is restored to the file. The restoration application, GA No.1199 of 2014, is allowed as above without any order as to costs. By consent of the parties, AP No.492 of 2014 is immediately taken up for hearing. This is a request under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of an arbitrator upon the appointing authority failing to make an appointment within reasonable time of receipt of the petitioners notice of invocation. The petitioner sa...
Mr. Syed Absan Ali, Ad Vs. …for the Petitioners
Court: Kolkata
Decided on: Apr-24-2014
ORDER SHEET CP No.429 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: PSV METAL AND ALLOYS PVT.LTD.AND HANDY SUPPLIERS PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 24th April, 2014. The Court : Mr.Tapan Kumar Sinha, Mr.Syed Absan Ali, Adversus for the petitioners Mr.Ranjan Kali, Mr.S.Ghosh, Adversus for the company The winding up petition can only be filed upon issuance of statutory notice. This and receipt thereof by the company are the requirements of Section 434 (1)(a) of the Companies Act, 1956. In the instant case a statutory notice was issued on 12th December, 2012 to the company. In the said statutory notice a demand for payment was made on the company. Although the said demand was sent by speed post with acknowledgement due card, one is not aware whether the said statutory notice was served on the company. No track record of India Post is available either with the advocate for the petitioning creditor nor has the same be annexe...
V.B. Seva Trust and ors. Vs. Union of India and ors.
Court: Kolkata
Decided on: Apr-24-2014
ORDER SHEET GA NO.944 OF2014WITH CS NO.149 OF2012GA NO.3180 OF2012IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE V.B.SEVA TRUST & ORS.Versus UNION OF INDIA & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 24th April, 2014. Mr.A.Guha Roy, Mr.S.E.Hudaappear. Mr.K.K.MaityappeaRs.The Court : Mr.Maity for the defendants urges this application. He submits that there was some error in the recording of facts by this Court in the order dated 28th January, 2014. There is a concrete agreement between the parties for payment of rent @ Rs.69.54 per sq. ft. per month from 1st August, 2012 onwards. For the earlier period, there is no such agreement or decision by the defendants to this effect. This Court accepts this submissions. After hearing learned counsel for the parties and strictly taking into account the extent of consent made by learned counsel for the plaintiffs and defendants, the order/decree dated 28th January, 2014 is modified as follows : i].upon te...
Smt. Bhatni Devi and anr. Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Apr-24-2014
ORDER SHEET WP5762010 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. BHATNI DEVI & ANR. Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 24th April, 2014. Mr.Subrata Ganguly, Adv., for the petitioner. Mr.R.N.Majumder, Adv., Mr.P.Basu, Adv., for the respondent. The Court : The writ petitioner since deceased and substituted in this petition by his widow and son, had faced disciplinary proceedings initiated against him by framing of charge, inter alia, that he had arranged his employment by declaring himself as the son of Shanti Devi who was the widow of Sarju Bhuinya by posing himself as Ram Ratan Bhuinya on the allegation that the said Shanti Bhuinya and Sarju Bhuinya were both employees of ECL and had no issue at all. The enquiry culminated in a report pursuant to which the Disciplinary Authority awarded the punishment of dismissal from service. The deceased writ petitioner had made his fiRs.writ petition being WP No.406 of...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Apr-24-2014
ORDER SHEET CP No.711 of 2013 With CA No.407 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction SHAKTI DEVELOPMENT PVT.LTD.AND S.K.SAMANTA & Co.PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 24th April, 2014. Ms.Manju Bhuteria for the petitoneRs.Mr.Swagata Datta for the Central Government. The Court : Four objections have been raised by the Central Government. The fiRs.objection is with regard to treatment of excess of net assets of the transferor company while the Central Government seeks that the said excess amount be credited to the capital reserve and not to the general reserve. The Standard-14. applicants The Central are ready Government and willing also seeks to comply application Standard-14 and not any treatment contrary thereto. Accordingly, with Accounting of Accounting the applicants are directed to apply Accounting Standard-14 in treatment of its accounts and the surplus suMs.if any, be credited as per the said standard of accounting. The second objection rais...
L and T Finance Limited Vs. Blue Sharks Autoworks Pvt. Ltd. and
Court: Kolkata
Decided on: Apr-24-2014
AP No.180 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED -VersusBLUE SHARKS AUTOWORKS PVT.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 and despite being aware of the present proceedings and the order dated February 27, 2014 passed therein. The receivers appointed by the order dated February 27, 2014 have filed identical reports. It appears from the reports that the second respondent abused the receivers and wrongfully confined them in the office of the fiRs.respondent company. In view of the conduct of the respondents, as evident from the receivers reports, the receivers are directed to take immediate possession of all ten assets covered by the agreement. The receivers will seek assistance from the Superintendent of Police or the Commissioner of Police or officia...
The New Red Bank Tea Co. Pvt. Ltd.(In Liqn.) Vs. RobIn Paul
Court: Kolkata
Decided on: Apr-24-2014
ORDER SHEET CA NO.36 OF2014CP NO.324 OF2001CA NO.173 OF2008CA NO.293 OF2004CA NO.314 OF2008CA NO.419 OF2006IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: THE NEW RED BANK TEA Co.PVT.LTD.(IN LIQN.) Versus ROBIN PAUL VS OFFICIAL LIQUIDATOR BEFORE: The Hon'ble JUSTICE PATHERYA Date : 24th April, 2013. MR.ANIRUDAHA MITRA,ADVOCATE FOR THE PETITIONER MR.M.SARKAR, MR.DIPANJAN DATTA, MR.S.DATTA ADVOCATES FOR WBSEDCL MR.MUKTI GHOSH, MS.MITUA SEN,ADVOCATES FOR OFFICIAL LIQUIDATOR The Court : By order dated 19th March, 2014 the contributory shareholder was directed to make payment of 50% of Rs.12,25,936/-. In spite of such payment being forwarded by the special officer to the licensing company, the same has not been accepted. Accordingly, the licensing company is directed to accept such payment without prejudice to its rights and contentions. An affidavit has been filed by the licensing company wherefrom it appears that a sum of Rs.29,31,567 plus Rs.5,08,212 i...
Srei Equipment Finance Limited Vs. Mr. Raspal Singh Sandhu and anr.
Court: Kolkata
Decided on: Apr-24-2014
AP No.504 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus Mr.RASPAL SINGH SANDHU & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 24th April, 2014. Appearance: Mr.S.K. Tiwari, Adv.The Court : This matter epitomises how heartless finance companies seek to oppress borrowers by exploiting the justice delivery system. A petition under Section 9 of the Arbitration and Conciliation Act, 1996 was filed in the year 2012. It is expected that simultaneously with Section 9 of the 1996 Act being invoked, a party would also take steps to ensure that the arbitral reference is commenced. It may be presumed that the arbitral reference in this case commenced in the year 2012. As has been noticed in several judgements, finance companies appoint their paid servants as arbitrators and the arbitral reference is generally a mockery of any form of adjudication. This finance company kept the reference artificially pending ...
The Tata Iron and Steel Co. Ltd. Vs. Crane Lifts
Court: Kolkata
Decided on: Apr-23-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.809 of 1979 The Tata Iron & Steel Co.LTD.versus Crane Lifts For the Plaintiff : Mr.Ranjan Roy, Advocate Ms.Tanuta Guray, Advocate For the Defendant : Mr.Swarnendu Ghosh, Advocate Heard on : March 27, 2014 Judgment on : April 23, 2014 DEBANGSU BASAK, J. The claim of the plaintiff was on account of value of short delivery of materials in terms of a consignment agreement. The defendant denied liability and made a counter claim. The parties negotiated and entered into a contract whereby the plaintiff appointed the defendant as a consignment agent with regard to the iron and steel materials of the plaintiff. By and under the said contract, materials would be dispatched by the plaintiff from Jamshedpur to New Gauhati Railway station. The defendant would post their men at New Bongaigaon Railway station to look after and tranship the materials from Broad gauge to Me...
The West Bengal Small Industries Corp. Ltd. Vs. M/S. Mall Plas Industr ...
Court: Kolkata
Decided on: Apr-23-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.192 of 1996 The West Bengal Small Industries Corp. LTD.versus M/S.Mall Plas Industries & Anr. For the Plaintiff : Mr.S.Sarkar, Advocate For the Defendants : Mr.Dilip Kr. Samanta, Advocate Mr.Murali Mohan Roy, Advocate Heard on : April 17, 2014 Judgment on : April 23, 2014 DEBANGSU BASAK, J. The plaintiff sought to recover the balance of price of goods sold and delivered from the defendants along with amount in lieu of sales tax declaration forms and interest. The Defendant No.2 filed written statement and contested the suit. In the written statement it was claimed that, the husband of the Defendant No.2 used to look after the affairs and business of the Defendant No.1. The business of the Defendant No.1 was closed in 1994. The plaintiff disclosed documents. The plaintiff produced one witness and the Defendant No.2 produced her husband as her witness. On beha...
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