Kolkata Court May 2014 Judgments
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Suresh Kumar Gupta and anr. Vs. Samarendra Nath Shaw and ors.
Court: Kolkata
Decided on: May-15-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak G.A.No.1169 of 2014 C.S.No.461 of 1984 Suresh Kumar Gupta & Anr. versus Samarendra Nath Shaw & ORS.For the Plaintiffs : Mr.Swapan Kumar Mullick, Advocate Mr.S.Sen Barat, Advocate For the Defendants : Mr.Swarnendu Ghosh, Advocate Heard on : May 13, 2014 Judgment on : May 15, 2014 DEBANGSU BASAK, J. The Defendant Nos.5(a) to 5(j) and 6 applied for recalling of the ex parte decree dated March 6, 2014. The said defendants sought to explain their non-appearance at the hearing of the suit on the ground that their Advocate-onrecord was receiving medical treatment at Bangalore for the period between January 15, 2014 to March 10, 2014. It was also contended that the said defendants were present during the witness action. It was only during the stage of arguments that due to the absence of their Advocate-on-record that the said defendants went unrepresented. The defendants w...
Rajeev Daga and anr. Vs. Ambalal Sarabhai Enterprises Ltd. and ors.
Court: Kolkata
Decided on: May-15-2014
ORDER SHEET GA No.1261 of 2014 CS No.297 of 1989 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAJEEV DAGA & ANR. Versus AMBALAL SARABHAI ENTERPRISES LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 15th May, 2014. Appearance: Mr.Jishnu Saha, Adv.Mr.Ashis Kumar Mukherjee, Adv.Ms.S.Mukherjee, Adv.For the plaintiffs. Mr.Deep Nath Roychowdhury, Adv.Ms.Tapati Chatterjee, Adv.For the defendants. The Court :- By this application the plaintiffs were seeking direction upon the Special Referee to make a local inspection of the premises for ascertaining the height of the suit premises and the facilities and amenities available in the suit premises. It was contended on behalf of the plaintiffs that the application was necessitated since the defendants were contending the suit premises was a mezzanine floor with out ventilation and, therefore, incapable of attracting rent at the market rate similar to other floors in the same building. It was also cont...
Dhananjay Singh Vs. L and T Finance Ltd. and ors.
Court: Kolkata
Decided on: May-15-2014
AP No.708 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DHANANJAY SINGH -VersusL & T FINANCE LTD.& ORS.Appearance: Mr.Shyamal Chakraborty, Adv...for the petitioner. Ms.Manali Bose, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : May 15, 2014. The Court : Though several objections are raised by the finance company as to the maintainability of this petition for challenging an arbitral award in a hire-purchase matter, the finance company indicates that a sum of about Rs.5 lakh would be due in terms of the agreement with nominal interest being charged on the defaulted instalments. The award is to the tune of Rs.11 lakh. The finance company has obtained possession of the asset in couRs.of the execution of the arbitral award. The hirer claims to have come to know of the award only upon being forwarded the papers of the execution application. Without prejudice to the rights and contentions of both sets of parties, the pet...
Surana Brothers Private Limited Vs. Sujit Arya and anr.
Court: Kolkata
Decided on: May-15-2014
1 ORDER SHEET GA No.1507 of 2014 APOT No.242 of 2014 CS No.310 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SURANA BROTHERS PRIVATE LIMITED Versus SUJIT ARYA & ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 15th May, 2014. Appearance: Mr.Sabyasachi Chowdhury and Ms.Debjani Ghosh Ld, Advocates for the appellant. Mr.Ahin Chowdhury, Sr.Advocate with Mr.Ratnanko Banerjee, Ms.Lopita Banerjee, Mr.Neelesh Chowdhury Ld. Advocates for respondent no.1. Mr.R.K.Chowdhury, Ld. Advocates for respondent Nos.4 and 5. Mr.Kuldip Mallick, Mr.Ayan Chakraborty Ld. Advocates for respondent no.13. The relate to a dispute Court amongst the :- This appeal shareholders would inter se seeking to interfere with the rights of the outsideRs.The outsiders would say, the lis was a collusive one. We do not make any comment on the same. It would be too early, however, the conduct of the Company is deplorable. We heard the matter yesterday when no...
Mewalalagarwalla and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-15-2014
ORDER SHEET TA No.77 of 2014 APOT No.238 of 2014 WP No.401 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MEWALALAGARWALLA & ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 15th May, 2014 Mr.Debabrata Saha Roy, Adv.with Mr.Pingal Bhattacharjee, Adv.Mr.Arindam Deb Roy, Adv..for the appellants Mr.Susovon Sengupta, Adv.with Mr.Subir Pal, Adv..for the respondents This application has been filed in connection with the appeal preferred from the judgment and order dated 7th May, 2014 whereby a learned Judge of this Court directed the parties herein to file affidavits in connection with the writ petition but refused to pass any interim order. The learned Advocate representing the appellants/petitioners submits that the respondent authorities should allot levy sugar in favour of the appellants/petitioners in terms of the agreement. The learned Advocate representing th...
Appellant Vs. Respondent
Court: Kolkata
Decided on: May-15-2014
ORDER SHEET CP No.143 of 2014 CA No.536 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : ADAPT INVESTMENTS LTD.& ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 15th May, 2014. Mr.Ratnanko Banerjee, Adv.for the petitioner Mr.Raja Saha, Adv.for union of India The Court : Several objections have been raised by the Central Government. The fiRs.of such objection relates to pay back contemplated to the shareholders who have not exercised their option to get shares. In the scheme in clause 12.6, it has categorically been stated that equity shareholders will be entitled to exercise option to either obtain equity shares as per clause 12.5 or cash equivalent to the value of such shares within 30 days of service of notice. In the event no option is exercised account payee cheques in respect of shares held by the shareholders will be issued by the concerned companies. This clause cannot be faulted as 30 days time limit has been set for the shareholders ...
Manabendra Nath Roy Vs. State of W.B. and ors.
Court: Kolkata
Decided on: May-15-2014
ORDER SHEET W.P.No.4500 of 1989 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE MANABENDRA NATH ROY Versus STATE OF W.B.& ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date: 15th May, 2014. Appearance: Mr.Tarun Kumar Das, Adv.Mr.Haripada Nayak, Adv. for the petitioner Mr.Tapan Coomaar Dey, Adv. for the respondent Nos.2 to 6 The Court: The writ petitioner worked as a Law Assistant in the West Bengal Housing Board. By a letter dated 31st August, 1987 the Deputy Housing Commissioner and Secretary of the West Bengal Housing Board wrote to the Deputy Secretary, Housing Department, Government of West Bengal, inter alia, that it had been found on scrutiny the duties and responsibilities of those attached to the post of Law Assistant in the West Bengal Housing Board and those attached to the post of Law Assistant in the Housing Department were identical. The said Secretary requested the Housing Department to agree to the views expressed by him and to communicate ap...
Srei Equipment Finance Ltd. Vs. Baba Nanak Sars Infrastructure (P) Ltd ...
Court: Kolkata
Decided on: May-14-2014
AP AP AP AP AP AP No.No.No.No.No.No.241 242 243 244 247 248 of of of of of of 2014 2014 2014 2014 2014 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI EQUIPMENT FINANCE LTD.Versus BABA NANAK SARS INFRASTRUCTURE (P) LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 14th May, 2014. Appearance: Mr.Utpal Bose, Adv.The Court : The respondent is not represented despite previous service. Initial orders were passed on these petitions on February 18, 2014, that recorded the petitioners submission that the respondent had invited the petitioner to take possession of the assets covered by the agreements since the respondent was unable to pay the monthly instalments therefor. The orders of February 18, 2014 appointed receivers to take possession of the assets which were said to be lying with Western Coalfields Limited near Nagpur. However, the orders provided that the receivers would take possession of the assets covered by the agreements subject to Western Coalfie...
Srei Equipment Finance Ltd. Vs. Svil Mines Ltd. and ors.
Court: Kolkata
Decided on: May-14-2014
AP No.674 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD.-VersusSVIL MINES LTD.AND ORS.Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : May 14, 2014. The Court : The respondents are not represented despite service. In this third petition under Section 9 of the Arbitration and Conciliation Act, 1996 the petitioner claims that an amount in excess of Rs.4.48 crore is due on account of defaulted instalments. The agreement covers 16 assets ranging from a marble processing line and a cutting machine to an automatic system for storage and sorting. Seven of the 16 assets appear to be on wheels. The petitioner says that not only have the respondents failed to make payment despite the payments under the original agreement being rescheduled, it now appears that a creditors winding-up petition against the fiRs.respondent company is on the verge of admission by the Delhi...
Pannalal Mukherjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-14-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: Honble Justice Soumitral Pal W.P.No.149 of 2014 Pannalal Mukherjee Versus State of West Bengal & ORS.For the PetitioneRs.Mr.Debabrata Saha Roy, Advocate, Mr.Pingal Bhattacharya, Advocate, Mr.Upendra Roy, Advocate. For the Respondent: Mr.Amal Kumar Sen, Advocate, Mr.Supriyo Chattopadhyay, Advocate. Judgment on: 14th May, 2014 Soumitra Pal, J:In the writ petition, the petitioner has challenged the resolution being Agenda No.12 dated 3rd December, 2013 adopted by the State Transport Authority, West Bengal deciding to grant permit in respect of the route from Duttapukur to Santragachi via Jessore Road, E.M Bye Pass, Science City, Park Circus, A.J.C.Bose Road, Rabindra Sadan, Vidyasagar Setu to the private respondents as it was passed without following the scheme as published in the notification dated 11th February, 2005 under section 100 (2) of the Motor Vehicles Act, 1988. Mr.Debabrata Saha Roy, learned ...
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