Kolkata Court May 2014 Judgments
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Sri Bal Mukund Polyplast(P)ltd and anr Vs. the K.M.C.and ors
Court: Kolkata
Decided on: May-14-2014
ORDER SHEET G.A.No.1307 of 2014 W.P.No.111 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Sr.BAL MUKUND POLYPLAST(P)LTD & ANR Versus THE K.M.C.& ORS BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 14th May, 2014. For Petitioner : MR.A.BANERJEE,ADVOCATE MS.S.SANYAL,ADVOCATE MR.A.MUKHERJEE,ADVOCATE For KMC : MR.B.MUKHERJEE,ADVOCATE The Court : Let affidavit of service filed in Court today be kept on record. In this application, being G.A.No.1307 of 2014, the petitioners have prayed for a direction upon the Municipal Commissioner to invoke section 192 of the Kolkata Municipal Corporation Act,1980 and to recall the existing annual valuation and to assess the annual valuation of units concerned at premises No.32 Chowringhee Road, Om Tower, Kolkata at a similar rate as was done by the Municipal Commissioner by invoking the said section in respect of the other unit nos.905 and 906 pertaining to Paramanand S.Daswani and Jaya P.Daswani, respectively. It is ...
M/S. Eastern Coalfields Limited Vs. Biswajit Maji and ors..
Court: Kolkata
Decided on: May-14-2014
ORDER SHEET GA No.1503 of 2014 GA No.1517 of 2014 APOT No.241 of 2014 WP No.1190 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.EASTERN COALFIELDS LIMITED Versus BISWAJIT MAJ.& ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 14th May, 2014 Mr.Anubhav Sinha, Adv.with Ms.Sanchita Barman Ray, Adv..for the appellant Mr.Saptangshu Basu, Sr.Adv.with Mr.Partha Ghosh, Adv..for the respondents Mr.Amal Baran Chatterjee, Adv.with Mr.Subrata Ganguly, Adv..for the respondentnos.3 & 4 Mr.Anindya Lahiri, Adv..for the respondent nos.5 to 13 Re: GA No.1503 of 2014 This application has been filed for condoning the delay in preferring the appeal. Having heard the learned Counsel appearing on behalf of the respective parties and considering the averments made in this application, we are satisfied that sufficient reasons have been furnished and adequate grounds have been mentioned in this application for condo...
M/S. Hooghly Dock and Port Engineers Ltd Vs. M/S. Das Engineering Work ...
Court: Kolkata
Decided on: May-14-2014
1 ORDER SHEET ACO No.86 of 2014 APOT No.201 of 2014 CP No.399 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.HOOGHLY DOCK & PORT ENGINEERS LTD Versus M/S.DAS ENGINEERING WORKS BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 14th May, 2014. Appearance: Mr.Nilay Sengupta, ld. Advocate for the appellant. Mr.P.K. Das, Sr.Advocate with Mr.S.K.Ghosh Ld. Advocate for the respondent. The Court :- The claim is in dispute. According to the respondent, they would have a claim of Rs.72,62,470/-. Rs.22,94,470/- The whereas learned the Judge Company found it admitted Rs.13,16,062/-. The Company would, however, deny payment on the plea of limitation. The learned Judge rejected such contention and directed payment of Rs.22,94,470/by 10 equal monthly instalmnets. Hence this appeal at the instance of the Company. Mr.P.K.Das, learned senior Counsel appearing for the respondent, would also have a grievance, His Lordship did not admit th...
Srei Equipment Finance Ltd. Vs. Bishnu Chand Choudhary
Court: Kolkata
Decided on: May-14-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction AP No.1590 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.1591 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.1594 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.1595 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.1596 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.13 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.68 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.69 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.74 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.75 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 14th May, 2014. Appearance: Mr.S.Banerjee, Adv.The Court : The respo...
Tata Capital Financial Services Ltd. Vs. M/S. Ane Jv and anr.
Court: Kolkata
Decided on: May-14-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.926 of 2013 AP No.927 of 2013 AP No.928 of 2013 AP No.929 of 2013 TATA CAPITAL FINANCIAL SERVICES LTD.Versus M/S.ANE J.AND ANR. And AP No.1229 of 2013 AP No.1289 of 2013 AP No.1290 of 2013 AP No.1291 of 2013 AP No.1292 of 2013 TATA CAPITAL FINANCIAL SERVICES LTD.Versus M/S.SHARMA TRANSPORT AGENCY & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 14th May, 2014. Appearance: Mr.S.Banerjee, Adv.Mr.Srijib Chakraborty, Adv.The Court : The petitioner claims that a sum in excess of Rs.1.55 crore is due only on account of defaulted instalments in respect of these matteRs.The respondents suggest that the figure is about Rs.1.37 crore. The matters had been adjourned to enable the parties to arrive at a settlement, but it appears that the respondents do not have the immediate ability to pay. Since further sums will fall due in the beginning of June 2014, if the notice of termination is disregarded, the ...
Chandra Prakash Agarwal Vs. Bhagirath Agarwal
Court: Kolkata
Decided on: May-14-2014
ORDER SHEET GA No.915 of 2014 With CS No.283 of 2001 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CHANDRA PRAKASH AGARWAL Versus BHAGIRATH AGARWAL BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 14th May, 2014. Appearance: Mr.Dhruba Ghosh, Adv.Mr.Sayantan Bose, Adv.Mr.Partha Pratim Naskar, Adv.The Court: This is an application at the instance of the defendant no.1 for appointment of Receiver over and in respect of 7th Floor of the property known as Raj Kamal Building situated at 13, Camac Street, for the purpose of collecting the rents, issues and profits and for maintenance of the said properties. Mr.Dhruba Ghosh learned Counsel appearing for the plaintiff submits that the property in question has been sold to the children of the plaintiff. Mr.Ghosh has relied on few documents which are in the nature of agreement for sale in support of the aforesaid contention. Mr.Ghosh, however, submits that no deed of sale was executed in favour of the children of t...
Tushar Chirimar Vs. B. K. Tushar (Huf) and ors.
Court: Kolkata
Decided on: May-14-2014
TA No.73 of 2014 T No.161 of 2014 IN THE HIGH COURT AT CALCUTTA ORDIANRY ORIGINAL CIVIL JURISDICTION Tushar Chirimar Versus B.K.Tushar (HUF) & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 14th May 2014 Appearance: Mr.Jishnu Saha, Advocate Mr.Arindam Mukherjee, Advocate Mr.Soumabho Ghose, Advocate Mr.Jai Surana, Advocate Mr.Ashish Choudhury, Advocate for the plaintiff Mr.S.N. Mitra, Sr.Advocate Mr.Sayantan Bose, Advocate for defendant Nos.1 to 3 Mr.Debnath Ghosh, Advocate Mr.Kallol Saha, advocate Mr.S.Jana, Advocate for defendant No.4 The Court: A Hindu undivided family is involved. It owns various properties including a property in Delhi at Anupam Gardens, Vill. Saidualajab, New Delhi. (KhaSr.No.370/91-92).having an area of 1 Bigha 1.5 Biswas. There is also a tenanted property of which the HUF is the tenant at Stephen House, 4, B.B.D Bag, Third Floor, Room No.49, Kolkata 700001. The plaintiff is the son and a copercener. The second defendant is his father and the head of the HUF. ...
Bhasdeep Infrastructure Dev. Ltd. Vs. the Official Liquidator
Court: Kolkata
Decided on: May-14-2014
ORDER SHEET CA No.455 of 2013 With CP No.336 of 1982 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: BENGAL ENAMEL WORKS LTD.(IN LIQN.) AND BHASDEEP INFRASTRUCTURE DEV. LTD.versus THE OFFICIAL LIQUIDATOR BEFORE: The Hon'ble JUSTICE PATHERYA Date : 14th May, 2014. Mr.Reetobroto Mitra, Mr.Biswanath Chatterjee, Mr.A.Gupta for the applicant. Mr.Aniruddha Mitra for Tara Shankar Ganguli. Mr.Joydeep Banerjee for ARSEC Limited. Mr.Amiya Kr. Sur of United Bank of India. MRS.Ruma Sikdar for Official Liquidator. Mr.Mrinal Kanti Das, Mr.Subhabrata Das For North Barrackpore Municipality. The Court : By this application the applicant herein seeks delivery of the original deed of release presented for registration by the United Bank of India to itself and handing over possession of the land mentioned in the deed of release. Counsel for the applicant submits that a loan was advanced and taken by the company (in liquidation) from the United Bank of India and as secur...
Dr. Kawna Chatterjee Vs. Smt. Chitrita Chatterjee and ors.
Court: Kolkata
Decided on: May-14-2014
GA No.1135 of 2014 CS No.103 of 2014 IN THE HIGH COURT AT CALCUTTA ORDIANRY ORIGINAL CIVIL JURISDICTION Dr. Kawna Chatterjee Versus Smt. Chitrita Chatterjee & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 14th May 2014 Appearance: Mr.Dhruba Ghosh, Advocate for the plaintiff Mr.Anindya Kr. Mitra, Sr.Advocate Mr.Uttam Mandal, Advocate Mr.S.S. Banerjee, Advocate Mr.S.Bhattacharya, Advocate for defendant Nos.1 & 5 Mr.Abhrajit Mitra, Advocate Mr.D.R. Basu, Advocate Mr.J.Chowdhury, Advocate Mr.S.Mukherjee, Advocate for defendant Nos.2 to 4 The Court: Mr.Anindya Kumar Mitra, learned Senior Advocate for the fiRs.and fifth defendants submits that it is an admitted position that the plaintiff is entitled to more or less a half share in the subject property at 19, Dr.U.N. Bramhachari Street (formerly known as Loudon Street).Kolkata 700017 and that the defendants are jointly entitled to about 50%. The property has a very wide frontage, according to him. He hands up to this Court a plan dividin...
Mohammad Asif Habibi and anr. Vs. Srei Equipment Finance Limited.
Court: Kolkata
Decided on: May-14-2014
AP No.564 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MOHAMMAD ASIF HABIBI & ANR. -VersusSREI EQUIPMENT FINANCE LIMITED. Appearance: Mr.Shiv Shankar Banerjee, Adv...for the petitioner. Mr.Satarup Banerjee, Adv...for the finance company. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : May 14, 2014. The Court : The petitioners are the usual recalcitrant hirer and guarantor who refuse to pay and make unnecessary demands only to try and stall the payment. Twelve of the 27 assets covered by the agreement have been taken possession of by the receiver and offers have been received for six of them. No offers have been received for the six otheRs.It is not in dispute that the assets were second hand assets which were financed in the year 2012. The list of the assets taken possession of by the receiver appears at page 63 of the hirers petition. The hirer has not brought any offer but seeks the indulgence of having a valuer appointed to assess the w...
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