Kolkata Court May 2014 Judgments
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Bengal India Global Infrastructure Ltd. Vs. Shyama Iron and Alloys Pvt ...
Court: Kolkata
Decided on: May-07-2014
GA No.602 of 2014 CS No.234 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BENGAL INDIA GLOBAL INFRASTRUCTURE LTD.Versus SHYAMA IRON & ALLOYS PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 7th May, 2014. Appearance: Mr.Rupak Ghosh, Advocate Mr.Shaunak Sengupta, Advocate Mr.Santosh Kr. Roy, Advocate Ms.Sreemoyee Purkayashta, Advocate Mr.Bitika Kaur, Advocate Mr.Debdut Mukherjee, Advocate Mr.M.Mukherjee, Advocate The Court: Considering the submissions of the parties, Mr.Rahul Sengupta, Advocate, Bar Library Club, 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 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 latter. In...
Magma Fincorp Limited Vs. Shree Shyam Pulp and Board Mills Ltd. and or ...
Court: Kolkata
Decided on: May-07-2014
AP AP AP AP AP AP No.347 No.348 No.351 No.552 No.553 No.566 of of of of of of 2014 2014 2014 2014 2014 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LIMITED Versus SHREE SHYAM PULP AND BOARD MILLS LTD.& ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th May, 2014. Appearance: Mr.J.Chowdhury, Adv.Mr.A.Mitra, Adv.The Court : These six petitions under Section 9 of the Arbitration and Conciliation Act, 1996, are in respect of three several agreements between the parties. The fiRs.lot of three petitions were moved for seeking orders in the nature of attachment before judgment. The respondents were required to show cause as to why such an order should not be passed, but the respondents are not represented despite previous service and despite being made aware of such order. The second lot of petitions, according to the petitioner, was prompted upon the petitioner discovering that substantial sums remain due to the fiRs.respondent f...
Prapti Fashions Private Limited and Another Vs. Monoj Kumar Gupta
Court: Kolkata
Decided on: May-07-2014
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Mr.Justice Ashim Kumar Banerjee And The Honble Mr.Justice Arijit Banerjee A.P.D.No.64 of 2014 C.S.No.28 of 2013 Prapti Fashions Private Limited and another versus Monoj Kumar Gupta For the Appellants : Mr.Ranjan Bachawat Mr.Prithwiraj Sinha, Advocate Mr.Victor Dutta, Advocate For the Respondents : Mr.Debnath Ghosh, Advocate Mr.Sayan Roy Chowdhury, Advocate Mr.A.Poddar, Advocate Mr.P.Patra, Advocate Ms.Namrata Barmecha, Advocate Heard on : April 21, 2014. Judgment on : May 7, 2014. ASHIM KUMAR BANERJEE, J.CURTAIN-RAISER: The subject lis would involve the authority to use the trade name Prapti Fashion. The plaintiff would claim, they have outlets all over India under the name and style of Prapti and they are prior user of the brand. The defendant started using the same at a later point of time that would give rise to a cause of action where the plaintiff would be entitled to claim ...
Dipak Ranjan Sarkar Vs. National Insurance Co. Ltd. and ors.
Court: Kolkata
Decided on: May-07-2014
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION IN APPEAL FROM ITS CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE Present: The Honble Justice Pranab Kumar Chattopadhyay And The Honble Justice Samapti Chatterjee G.A.No.3621 of 2013 A.P.O.No.358 of 2013 W.P.No.133 of 2013 Dipak Ranjan Sarkar versus National Insurance Co.LTD.& ORS.For the Appellant : Mr.Bikash Ranjan Bhattacharya, Mr.Joydeep Sen. For the Respondent Nos.1 to 6 : Mr.Dipak Kumar Ghosh, Mr.Ranjan De. Heard On : 07/04/2014. Judgment On : 07/05/2014. Pranab Kumar Chattopadhyay, J. The appellant/petitioner herein joined the service of the National Insurance Company LTD.(hereinafter referred to as NICL) in the year 1980. The date of birth of the appellant/petitioner as per Higher Secondary Certificate is 03/01/1954. The aforesaid date of birth as mentioned in the Higher Secondary Certificate was recorded in the service book of the appellant/petitioner. On the basis of the aforesaid recorded date of birth, appellant/pet...
Petro Carbon and Chemicals Pvt.Ltd. Vs. the Owners and Parties Interes ...
Court: Kolkata
Decided on: May-07-2014
`ORDER SHEET GA No.1457 of 2014 AS No.7 of 2014 IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE IN THE MATTER OF: PETRO CARBON & CHEMICALS PVT.LTD.Versus THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V.BISCAYNE LIGHT. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 7th May, 2014. Mr.Tilok Bose, Sr.Adv., Mr.R.Dutta, Adv.and Mr.Asit Kr. De, Adv..for plaintiff. The Court :-In a suit filed for a money decree this application has been filed for interim reliefs. The claim of the plaintiff arises out of short landing of 244 MTs of petroleum coke, which has a buyer, it was to receive from the owners of vessel M.V.BISCAYNE LIGHT. The plaintiff was the buyer of such goods and at the loading port the entire consignment had been loaded. It is at the Port of discharge that there is a short fall of 244 MTs of the said goods. Therefore, the plaintiff seeks to claim value of such short fall of its goods. A claim is also made for proportionate customs duty paid by the plaintiff for r...
Creative Property Developers Pvt. Ltd. Vs. Mahima Management Services ...
Court: Kolkata
Decided on: May-07-2014
ORDER SHEET GA13762014 APOT1862014 CS242014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE CREATIVE PROPERTY DEVELOPERS PVT.LTD.Versus MAHIMA MANAGEMENT SERVICES PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 7th May, 2014. Mr.Pratap Chatterjee, Sr.Advocate Mr.Reetobroto Mitra, Advocate Ms.Debosmita Ghosh, Advocate for the appellant. Mr.Rupak Ghosh, Advocate Mr.Susanta Kumar Dutta, Advocate Mr.S.Banerjee Advocate for the respondent no.1. The Court : We have heard the parties at length. Mr.Reetobroto Mitra, learned Counsel appearing for the appellant being led by Mr.Pratap Chatterjee, learned senior Counsel would strenuously contend, he is not obliged to serve any copy of the memorandum of appeal or the stay application on Mr.Rupak Ghosh appearing for the respondent/plaintiff in the appeal. He would refer to Chapter 38 Rule 65 where this Court is competent to direct any bank to certify the statement of...
L and T Finance Ltd. Vs. Md. Irfan Ahmed Khan and anr.
Court: Kolkata
Decided on: May-07-2014
AP No.1253 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.Versus Md.IRFAN AHMED KHAN & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th May, 2014. Appearance: Ms.S.Saha, Adv.The Court : The respondents are not represented despite previous service. The receiver has taken possession of the asset covered by the agreement after meeting stiff resistance from the respondents who appear to have been supported by the local police authorities. The petitioner says that an award has been passed in the petitioners favour on January 10, 2014. Since the award has become executable, no further order can be made on this petition. The receiver will retain possession of the asset till such time that an order is made by an appropriate Court. The receiver will be paid a monthly remuneration of 300 GM beginning April, 2014 till such time that the receiver is required to remain in possession of the asset. Since it appears that the award ...
M/S Space Matrix Ltd Vs. Jaishware Commercial (P) Ltd
Court: Kolkata
Decided on: May-07-2014
1 ORDER SHEET ACO No.76 of 2014 APOT No.220 of 2014 CP No.350 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S SPACE MATRIX LTD Versus JAISHWARE COMMERCIAL (P) LTD BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 7th May, 2014. Appearance: Mr.Mainak Bose with Ms.Arpita Saha, Ld. Advocates for the appellant. Mr.Kinjal Boral, ld. Advocates For the respondent. The Court :- The learned Judge declined to admit the winding up petition and relegated the parties to suit on condition the Company must secure the claim to the extent of Rs.25 lac. The Company could not do it within admission the of time the fixed winding that up resulted petition in an coupled order with of the direction for publication in newspaper. Heard both parties at length. We extend the time till May 16, 2014 subject, however, the Company must deposit the said sum in cash or through pay order in the name of the Registrar, Original Side of this Court. In case...
Nandlal Giya and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: May-07-2014
GA No.1166 of 2014 GA No.1283 of 2014 with CS No.137 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Nandlal Giya & Anr. Versus Union of India & ORS.Before: The Honble Justice I.P.MUKERJ.Date: 7th May 2014 Appearance: Mr.Ahin Choudhury, Advocate Mr.Abhrajit Mitra, Advocate Mr.S.S. Banerjee, Advocate Mr.Chayan Gupta, Advocate Mr.Rudrajit Sarkar, Advocate Mr.A.Agarwalla, Advocate for the petitioner Mr.Prabhjot Singh, Advocate for respondent No.2 Mr.Piyali Sengupta, Advocate Mr.S.Sengupta, Advocate for respondent No.3 Mr.Ranjan Guha, Advocate for UOI Mr.P.K. Ray, Advocate Mr.S.Sarkar, Advocate Mr.R.Sengupta, Advocate Mr.R.Mallick, Advocate for workers union The Court: Two applications are before this Court. The fiRs.is the main interim application taken out by the plaintiffs, the second is an application by J.K.Jute Mill Mazdoor Ekta Union, a registered trade union of Kanpur asking for being added as a party in the instant suit and for the interim order dated 9t...
Trend Bags Vs. Cindrella Management Services Pvt. Ltd.
Court: Kolkata
Decided on: May-07-2014
ORDER SHEET GA13742014 APOT1852014 CS232014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TREND BAGS Versus CINDRELLA MANAGEMENT SERVICES PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 7th May, 2014. Mr.Pratap Chatterjee, Sr.Advocate Mr.Reetobroto Mitra, Advocate Ms.Debosmita Ghosh, Advocate for the appellant. Mr.Rupak Ghosh, Advocate Mr.Susanta Kumar Dutta, Advocate Mr.S.Banerjee Advocate for the respondent no.1. The Court : We have heard the parties at length. Mr.Reetobroto Mitra, learned Counsel appearing for the appellant being led by Mr.Pratap Chatterjee, learned senior Counsel would strenuously contend, he is not obliged to serve any copy of the memorandum of appeal or the stay application on Mr.Rupak Ghosh appearing for the respondent/plaintiff in the appeal. He would refer to Chapter 38 Rule 65 where this Court is competent to direct any bank to certify the statement of account and send it to...
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