Kolkata Court June 2014 Judgments
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M/S. Eastern Coalfields Ltd. Vs. Kajoli Bouri and ors.
Court: Kolkata
Decided on: Jun-11-2014
ORDER SHEET G.A.No.1604 of 2014 G.A.No.1648 of 2014 A.P.O.T.No.269 of 2014 W.P.No.4 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.EASTERN COALFIELDS LTD.Versus KAJOLI BOURI & ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY -AndThe Hon'ble JUSTICE SAMAPTI CHATTERJEE Date : 11th June, 2014. For Appellant : Mr.R.N.Majumdar with Ms.Sanchita Banerjee, Adversus For Respondent no.1 : Mr.Partha Ghosh, Adv.Re: G.A.No.1604 of 2014 This application has been filed for condonation of delay in preferring the appeal. Having heard the learned Advocates for both the parties and considering the facts and circumstances of the case, we are of the opinion that sufficient reasons have been furnished and adequate grounds have been mentioned in this application for condoning the delay in preferring the appeal. Therefore, the delay in preferring the appeal is condoned. The department is directed to register the appeal, if the same is otherwise in form. This app...
India Infoline Ltd. Vs. Central Business Services Ltd.
Court: Kolkata
Decided on: Jun-11-2014
ORDER SHEET GA NO.963 OF2011WITH AP NO.456 OF2010IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE INDIA INFOLINE LTD.Versus CENTRAL BUSINESS SERVICES LTD. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 11th June, 2014. Mr.A.RoyappeaRs.Mr.A.Mitra, senior advocate, Mr.J.Chowdhury, Mr.S.Roy Chowdhury, Mr.A.Sardarappear. The Court : By this application, the petitioner Central Business Services LTD.invokes the principles of law laid down by the Honble Supreme Court in M/S.Sundaram Finance LTD.versus M/S.NEPC India Ltd., reported in AIR1999SC565[paragraph 20].and in a subsequent judgment in Firm Ashok Traders versus Gurumukh Das Saluja, [2004].3 SCC155: [AIR2004SC1433].They seek dismissal of the section 9 application preferred by the India Infoline LTD.and an order for making over to them the entire deposit made pursuant to an order passed in that application, lying with the Joint ReceiveRs.In the 1999 case, the Honble Supreme Court opined as follows : 20. When...
Sarawgi Industrade Pvt. Ltd. Vs. Raja Ram Saraf
Court: Kolkata
Decided on: Jun-10-2014
ORDER SHEET GA NO.1370 OF2014WITH CS NO.141 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SARAWGI INDUSTRADE PVT.LTD.Versus RAJ.RAM SARAF BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 10th June, 2014. Mr.A.Mitra, Mr.J.Chowdhury, Mr.S.Ghosh, Mr.B.Kumarappear. Mr.J.Ganguly, Mr.Tarique Quasimuddin, Ms.S.Chowdhuryappear. The Court : There is no dispute that the plaintiff had at one time agreed to buy from the defendant the property at Rajarhat, Gopalpur, described more fully at page 18 of the petition. According to Mr.Mitra, learned Senior Advocate for the plaintiff, the said agreement has been discharged by consent of the parties. A cheque for a sum of Rs.1 crore issued by the defendant in favour of his client was dishonoured on the ground of insufficiency of funds. On the other hand, Mr.Ganguly, learned Advocate for the defendant, submits that the agreement is still subsisting and his client is willing to convey the property to the plaintiff at t...
Haldia Water Management Limited Vs. Haldia Development Authority
Court: Kolkata
Decided on: Jun-10-2014
AP No.746 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HALDIA WATER MANAGEMENT LIMITED -VersusHALDIA DEVELOPMENT AUTHORITY Appearance: Mr.Ratnanko Banerjee, Adv.Ms.Anshumala Bansal, Adv.Mr.Abhrajit Mitra, Adv.Mr.Abhratosh Majumder, Adv.Mr.Jishnu Chowdhury, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 10, 2014. The Court : There is no dispute between the parties either as to the existence of the arbitration agreement or as to the existence of live disputes being covered by the arbitration agreement. Notwithstanding such position, the respondent seeks to file an affidavit. Since the primary issues involved in this request under Section 11 of the Arbitration and Conciliation Act, 1996 do not involve any controveRs.and stand admitted, no useful purpose would be served in wasting time by calling for affidavits to be filed by a public body. The arbitration agreement between the parties provides for the appointment of three arbitrator...
icarus Agency Pvt. Ltd. Vs. Sajal Pal
Court: Kolkata
Decided on: Jun-10-2014
ORDER CS No.304 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ICARUS AGENCY PVT.LTD.Versus SAJAL PAL BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 10th June 2014. Appearance: Mr.Ritzu Ghosal, Advocate ...for the plaintiff. Court: The suit is instituted for recovery of amounts alleged to have been defalcated and/or misappropriated by the defendant. The service report filed by the department concerned as well as the affidavit of service affirmed on 21st February 2014 show that the defendant has been duly served with the writ of summons. In spite of service of the writ of summons and the defendant having due notice and knowledge of the pendency of this proceeding, the defendant has failed to appear and contest this proceeding. Repeated opportunities have defendant to appear and contest the suit. been given to the The defendant has failed to avail such opportunity. Although the plaintiff is not required to produce any witness and lead evidence in view of failure...
M/S. Shipping and Clearing (Agents) Pvt. Ltd. and anr. Vs. Union of In ...
Court: Kolkata
Decided on: Jun-10-2014
1 ORDER SHEET W.P.No.471 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.SHIPPING & CLEARING (AGENTS) PVT.LTD.AND ANR. Versus UNION OF INDIA AND ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 10th June, 2014. Appearance : Mr.Arijit Chakraborty, Adv.Mr.R.Bharadwaj, Adv.Mr.K.K. Maity, Adv.The Court : By the order passed by the Joint Commissioner of Customs (Preventive).West Bengal communicated to the petitioner by Joint Commissioner of Customs CC (P) West Bengal, dated 10th March 2014, the petitioner is prohibited from working as custom house agent in the jurisdiction of the Commissioner of Customs (Preventive) with immediate effect until further order. The challenge is basically made on the ground of violation of principles of natural justice. It is no longer res integra that the order passed by the Commissioner of Customs under Regulation 23 of the Customs Brokers Licensing Regulations 2013 is not amenable to be challenged in an appeal und...
Magma Fincorp Limited Vs. Revankar Raghavendra and anr.
Court: Kolkata
Decided on: Jun-10-2014
AP No.719 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LIMITED -VersusREVANKAR RAGHAVENDRA & ANR. Appearance: Mr.Jishnu Chowdhury, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 10, 2014. The Court : The respondents are not represented despite deemed service. This is a post-award petition under Section 9 of the Arbitration and Conciliation Act, 1996, the award having been passed on April 11, 2014. The petitioner says that the award has been duly despatched by the arbitrator to the known addresses of the respondents. The respondents apparently did not contest the reference despite notice. The petitioner says that the fiRs.respondent has instituted a suit in a Court in Karnataka wherein an order has been passed on an interlocutory application restraining the petitioner from taking possession of the asset covered by the agreement. The petitioner claims that there is an admission in the pleadings filed before the Civil ...
Damodar Ram Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-10-2014
ORDER SHEET WP No.482 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DAMODAR RAM Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 10th June, 2014. Appearance: Mr.Tapas Kumar Barman, Adv.Mr.Biswadip Ghosh, Adv.For the petitioner. Mr.Sadhan Roychowdhury, Sr.Adv.Mr.Md.T.M.Siddiqui, Adv.For the Respondents. The Court :- Affidavit of service filed in Court today be taken on record. Having heard the learned Advocates for the parties and upon perusing the application, it appears that the only issue which falls for consideration is as to whether the petitioner as a contingent staff is entitled to get any benefit under memo dated 23rd April, 2010. According to another memo dated 25th May, 2010, issued by the Registrar of Co-operative Societies, West Bengal, addressed to the Secretary to the Government of West Bengal, Co.operative Department, the petitioner was entitled to get benefit under memo dated 23rd April, 2010, ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-10-2014
ORDER SHEET CA3692014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE RE : GALLANT UDYOG LTD.AND RE : GALLANT ISPAT LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 10th June, 2014. Mr.S.Mitra, Adv.appeaRs.The Court : Re: Gallantt Udyog Limited: A meeting of the equity shareholders of Gallantt Udyog Limited (hereinafter referred to as the transferor company) shall be convened and held at Nicco House, 3rd floor, 2 Hare Street, Kolkata-700001 on Thursday, the 31st day of July, 2014 at 4.30 p.m.for the purpose of considering and if thought fit, approving with or without modification the proposed scheme of amalgamation of Gallantt Udyog LTD.with Gallantt Ispat LTD.At least 21 clear days before the date of the said meeting an advertisement convening the same and stating that copies of the said scheme of amalgamation and of the statement required to be furnished pursuant to section 393 of the Companies Act, 1956 and a form of proxy can be obtained free of charge at the Regis...
Trans Bharat Aviation Pvt. Ltd. Vs. Airport Authority of India and anr ...
Court: Kolkata
Decided on: Jun-10-2014
ORDER SHEET G.A.No.1271 of 2014 C.S.No.148 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TRANS BHARAT AVIATION PVT.LTD.Versus AIRPORT AUTHORITY OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 10th June, 2014. For Plaiantiff : Mr.Abhrajit Mitra, Sr.Adv.with Ms.Rajshree Kajaria, Ms.Sonia Sharma & Mr.Sourav Gupta, Adversus None appeared for the defendants when the order dated 21st April, 2014 was passed. None appears for them even today, although, Mr.Mitra, learned Senior Advocate for the plaintiff, submits that the second notice has been served upon the fiRs.defendant. Meanwhile, the fiRs.defendant has written to the plaintiff on 26th May, 2014 of their willingness to take over possession of the site. It is alleged in that letter that the plaintiff is not responding to this proposal. The submission of Mr.Mitra is quite opposite. He says that the fiRs.defendant is not cooperating with his client. Considering all aspects of the matte...
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