Kolkata Court June 2014 Judgments
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M/S. Tata Capital Financial Services Limited Vs. Remac Reality India L ...
Court: Kolkata
Decided on: Jun-13-2014
AP No.832 of 2014 AP No.833 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction M/S.TATA CAPITAL FINANCIAL SERVICES LIMITED Versus REMAC REALITY INDIA LIMITED & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 13th June, 2014. Appearance: Mr.Swatarup Banerjee, Adv.Mr.Saunak Sengupta, Adv.Mr.Nurul Islam Mondal, Adv.The Court : Though the respondents are represented, they are neither in a position to dispute the claim nor do they indicate how the defaulted instalments amounting to Rs.47 lakh in these two matters would be made good. The petitioner claims that the fiRs.respondent company is the part of a chit fund company and its assets and properties are in serious jeopardy. The petitioner contends that unless the assets covered by the agreements are taken possession of by the Receiver, the appropriate authorities may treat such assets as part of the fiRs.respondent companys assets and deal with the same in connection with the claims of the depositORS.In such ...
Uma Sankar Singh Vs. the Coal India Limited and ors.
Court: Kolkata
Decided on: Jun-13-2014
GA No.1624 of 2014 WP No.130 of 1994 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE UMA SANKAR SINGH Versus THE COAL INDIA LIMITED & ORS.Appearance Mr.Bijay Kumar, Adv.Mr.Aloke Banerjee, Adv.Ms.Debjani Roy, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 13, 2014. The Court : Though no grounds have been made out for restoring the writ petition since the petitioner had not taken appropriate steps to prosecute the writ petition for a considerable period of time, the benefit of the doubt is given to the petitioner and the explanation in GA No.1624 of 2014 accepted. As a consequence, the order of dismissal of the writ petition on May 13, 2014 is recalled and the amendment application, GA No.1084 of 2013, is revived. By consent of the parties, the writ petition and the application for amendment are taken up for immediate hearing. The petition was filed in the year 1994 challenging, primarily, the decision of the respondent coal company employer requ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-12-2014
ORDER SHEET CP No.358 of 2014 CA No.239 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF PERCY COMMERCIAL PVT LTD AND ORS : BEFORE: The Hon'ble JUSTICE PATHERYA Date : 12th June, 2014. Mr.RAJESH SINGHADVOCATE FOR PETITIONING CREDITOR MS.C.JOSHI, ADVOCATE FOR CENTRAL GOVERNMENT. The Court :-The only two objections raised by the Central Government relate to no provision being made for non compliance with the Indian Stamp Act, 1899 and notification issued by the RBI on 26.05.2014. Both the objections cannot be upheld for the reasons set out herein below. In respect of the fiRs.objection as the applicant no.1 being the transferee company is ready and willing to comply with the provision of the Indian Stamp Act, 1899 on transfer of movable and immovable assets, Central Government can have no objection in respect thereof. The second objection relates to the notification issued by the RBI on 26.05.2014. This is after the filing of this application for...
Harsh Vardhan Lodha and ors. Vs. Pradip Kumar Khaitan
Court: Kolkata
Decided on: Jun-12-2014
THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE GA No.531 of 2014 APOT No.550 of 2010 PLA No.242 of 2004 IN THE GOODS OF : PRIYAMVADA DEVI BIRLA, DEC., HARs.VARDHAN LODHA & ORS.versus PRADIP KUMAR KHAITAN GA No.532 of 2014 APOT No.551 of 2010 PLA No.242 of 2004 IN THE GOODS OF : PRIYAMVADA DEVI BIRLA, DEC., HARs.VARDHAN LODHA & ORS.versus DEVENDRA KUMAR MANTRI & ANR. GA No.533 of 2014 APOT No.508 of 2010 TS No.6 of 2004 IN THE GOODS OF : PRIYAMVADA DEVI BIRLA, DEC., HARs.VARDHAN LODHA & ORS.versus AJAY KUMAR NEWAR & ANR. For the applicant: Mr.Kishore Dutta, Advocate Mr.Ambernath Banerji, Advocate For the Appellants: Mr.Anindya Kr. Mitra, Sr.Advocate Mr.Maloy Kr. Ghosh, Sr.Advocate Mr.Soumya Roychowdhury, Advocate Mr.Debanjan Mondal, Advocate Mr.Sanjiv Kumar Trivedi, Advocate For the respondent No.1(b).and 1(c) Mr.Kapil Sibal, Sr.Advocate Mr.S.N. Mookherjee, Sr.Advocate Mr.N.G.Khaitan, Advocate Mr.Ratnanko Banerji, Advocate Mr.D.N. Sharma, Advocate Ms.Vineeta Mehar...
Magma Fincorp Ltd. Vs. Krishna Kumar Shah and anr.
Court: Kolkata
Decided on: Jun-12-2014
AP No.1171 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.Versus KRISHNA KUMAR SHAH & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 12th June, 2014. Appearance: Mr.S.Mukherjee, Adv.The Court : The respondents are not represented despite previous service and despite being informed of the offer received for the asset taken possession of by the receiver. The representative of the offerer is present in court but the offer cannot be taken up since a period of more than three months has elapsed from the date of the award and the possible date of service of the award on the respondents. The receiver is present and has carried the letter of offer. Since the letter of offer has now been produced the direction issued on June 11, 2014 for the receiver to refund the remuneration earlier received will no longer be applicable. The receiver will continue to retain possession of the asset subject to the orders that may be passed in ...
Jagdish Singh Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Jun-12-2014
WP No.506 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JAGDISH SINGH Versus COAL INDIA LTD.AND ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 12th June, 2014. Appearance: Mr.Partha Ghosh, Adv.Mr.Nikhil Kumar Roy, Adv.The Court : This is the second round of litigation by the petitioner following the rejection of the petitioners application for employment on the basis of the land loser scheme by the respondent coal company. Pursuant to an earlier petition, WP No.198 of 2014, the appropriate general manager of Eastern Coalfields Limited considered the petitioners case as the order of this Court of March 20, 2014 obliged him so to do. The petitioner appears to have cited the acquisition of 2.39 acre of land by the coal company for the purpose of obtaining employment. It appears that under the scheme the minimum area of acquisition has to be one acre for a member of the family of the land loser to be entitled to an employment. It is also possi...
Srei Equipment Finance Ltd Vs. Virgo Softech Ltd and anr.
Court: Kolkata
Decided on: Jun-12-2014
AP no.1539 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD Versus VIRGO SOFTECH LTD & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 12th June, 2014. Appearance: Mr.Debasish Kundu, Adv.Mr.Kaushik Chatterjee, Adv.Mr.Mohit Gupta, Adv.The Court : The petitioner claims that a sum of nearly Rs.3 crore remains due and owing from the respondents only on account of defaulted instalments if the notice of termination is to be disregarded. The respondents had submitted on April 16, 2014 that due to the then ensuing elections, the respondents had not been able to make payment of the amount as directed by the earlier order of April 1, 2014 as the payments due to the respondents in respect of the UID Adhar Scheme had not been released. The petitioner says that the Adhar Scheme may have been cancelled altogether by the new Government. The petitioner apprehends that if appropriate orders are not made, the respondents would re...
M/S. S. Jay Kishan (i) Limited Vs. Sree Satyanarayan Ray
Court: Kolkata
Decided on: Jun-12-2014
AP No.665 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.S.JAY KISHAN (I) LIMITED -VersusSREE SATYANARAYAN RAY Appearance: Mr.Supratim Laha, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 12, 2014. The Court : The respondents are not represented despite the petitioners attempt to effect service. On both occasions the papers have been refused to be accepted by the respondents. The petitioner says that even in the proceedings under Section 9 of the Arbitration and Conciliation Act, 1996 and the appeal arising therefrom, the respondents have not been represented despite service and despite being made aware of the proceedings. In this request under Section 11 of the said Act of 1996 the petitioner relies on Clause 11 of the agreement for assignment dated September 5, 2013 by which the respondent had agreed to assign a ground floor flat of a Salt Lake property in favour of the petitioner. The petitioner claims ...
Dr. Kawna Chatterjee Vs. Smt. Chitrita Chatterjee and ors.
Court: Kolkata
Decided on: Jun-12-2014
GA No.1135 of 2014 CS No.103 of 2014 TA No.103 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DR. KAWNA CHATTERJEE Versus SMT. CHITRITA CHATTERJEE & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 12th June, 2014. Appearance: Mr.Dhruba Ghosh, Advocate Mr.Tridib Sarkar, Advocate Mr.Anindya Mitra, Sr.Advocate Mr.Jishnu Chowdhury, Advocate Mr.Deepraj Basu, Advocate The Court: After hearing the submissions made by Mr.Mitra, learned Senior Advocate, and Mr.Ghosh, learned Advocate, it appears that there is no dispute with regard to the share of the parties which is declared as follows :Plaintiff : 50.26% Defendants : 49.74% I appoint Mr.Ahin Choudhury, Senior Advocate of Bar Library Club as the Commissioner of Partition to suggest to this court in the form of a report, a scheme for partition of the suit property more fully described in the schedule to the plaint. There is considerable dispute amongst the parties with regard to the plan for partitio...
ishwari Prasad Singh Roy Vs. International Society for Krishna Conscio ...
Court: Kolkata
Decided on: Jun-12-2014
ORDER SHEET GA No.1675 of 2014 With CS No.927 of 1982 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ISHWARI PRASAD SINGH ROY Versus INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 12th June, 2014. Appearance: Mr.Arijit Chaudhuri, Sr.Adv.Mr.Koushik Mondal, Adv.Mr.Sayantan Basu, Adv.For the plaintiff. Mr.Ahin Chowdhury, Sr.Adv.Mr.Pradip Kumar Ghosh, Adv.Mr.Debabrata Banerjee, Adv.Mr.Koushik Bhattacharya, Adv.For the defendant no.1. Mr.Supriyo Bose, Advocate, Commissioner. The Court :- The defendants applied for Commission for the purpose of examination and cross-examination of the witness. Such application was allowed on April 29, 2014. The time to complete the Commission was fixed after taking consent of the parties. The Commission, however, was not completed within the time fixed. By the present application, the defendants wanted extension of time for completion of the Commission. The medical con...
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