Kolkata Court June 2014 Judgments
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Young Women's Christian Association and Anr. Vs. Ld. Second Labour Cou ...
Court: Kolkata
Decided on: Jun-09-2014
ORDER WP No.1971 of 2003 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE YOUNG WOMEN'S CHRISTIAN ASSOCIATION & ANR. Versus LD. SECOND LABOUR COURT BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 9th June 2014. Appearance: Mr.Nayan Rakshit, Advocate Mr.Arijit Basu, Advocate ...for the petitioneRs.Mr.Ranjay De, Advocate ...for respondent No.3. Court: In this writ petition the petitioners have challenged the award passed by the 2nd Labour Court, West Bengal in case No.25/2000 directing reinstatement of the respondent No.3 with back wages. The said proceeding arose out of an application filed by the respondent No.3 under Section 10(1B) of the Industrial Disputes Act, 1947. The respondent No.3 contended in the said proceeding that she was appointed by the writ petitioners on 1st July, 1998 and the said post was permanent in nature. However, by letter dated 30th June, 1999 on the plea that the said appointment was only for a period of one year, the Joint Secretary o...
M/S. Raitani Engineering Works Pvt. Limited Vs. Union of India and ors ...
Court: Kolkata
Decided on: Jun-09-2014
AP No.457 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction M/S.RAITANI ENGINEERING WORKS PVT.LIMITED Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 9th June, 2014. Appearance: Mr.Amitava Ghosh, Adv.Mr.Bijon Majumdar, Adv.Mr.P.S. Bose, Adv.Mr.Moloy Kr. Das, Ms.Aparna Banerjee, Adv.The Court : This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 where the private contractor complains that the railways have arbitrarily issued notices to all units to withhold a sum of Rs.2.5 crore from the amounts which may be due to the petitioner such that it is possible that the sum of Rs.2.5 crore may be withheld many times over by various units of the railways in pursuance of the purported claim. Following disputes and differences having arisen between the parties, an arbitrator was appointed by the Chief Justice or his designate to take up the reference. It is the admitted position that the hearing in the reference ...
Banwarilal Sutodiya and ors. Vs. Tivoli Park Apartments Pvt. Ltd. and ...
Court: Kolkata
Decided on: Jun-09-2014
ORDER SHEET CS No.6 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BANWARILAL SUTODIYA & ORS.Versus TIVOLI PARK APARTMENTS PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 9th June, 2014. Appearance: Mr.Ratnanko Banerjee, Adv.Mr.Sanjib Kr. Mal, Adv.Mr.Atanu Raichaudhuri, Adv.Mr.Abhrajit Mitra, Adv.Mr.Soumya Roy Chowdhury, Adv.Mr.Satadeep Bhattacharyya, Adv.Ms.Radhika Singh, Adv.Mr.Soumabho Ghosh, Adv.Ms.S.Nandy, Adv.The Court: The Senior Master appears to have passed a peremptory direction for disclosure of documents. Although the defendant no.1 has complied with the said direction but the plaintiff has failed to disclose the documents following which by an order dated 11th march, 2014 the learned Senior Master has declined to extend the time. In view of the peremptory nature of the order passed by him after he was permitted to do so by this Court in terms of the order dated 14th February, 2014, the plaintiff had conspicuously remain...
Shabbir Alam and ors. Vs. Shamshad Alam and ors.
Court: Kolkata
Decided on: Jun-09-2014
ORDER SHEET G.A.No.1438 of 2014 With C.S.No.765 of 1990 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SHABBIR ALAM & ORS.Versus SHAMSHAD ALAM & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 9th June, 2014. Appearance: Mr.Rupak Ghosh, Adv.Mr.Chayan Gupta, Adv. for the petitioners Mr.Neguive Ahamed, Adv.Mr.Ainul Haque, Adv. for the Joint Receivers The Court: The suit was for declaration and eviction of some of the defendants from specified portions of the suit property and for perpetual injunction. In the instant suit, by way of the present application the petitioners sought protective orders in respect of flat No.22 lying and situate on the second floor of Siddiq Mansions, P-233, Park Street, Kolkata-700017. On the application being moved it was submitted on behalf of the petitioners that, the occupant in respect of the said flat had left the flat and that, flat was lying vacant. It was apprehended that, such vacant flat would be wrongfully occu...
M/S. Chaman Exports Ltd. and anr. Vs. Kolkata Municipal Corporation an ...
Court: Kolkata
Decided on: Jun-09-2014
ORDER SHEET WP No.455 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.CHAMAN EXPORTS LTD.& ANR. Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 9th June, 2014. Appearance: Mr.Subhasis Sengupta, Adv.With Mr.Arnab Dutta, Adv.For the petitioneRs.Mr.Barin Banerjee, Adv.For the respondents. The Court :- In the writ petition, M/S.Chaman Exports Limited, the petitioner no.1, and petitioner no.2, one of its DirectORS.have challenged demand of Rs.16,01,520/- raised by the Kolkata Municipal Corporation in the Letter of Intimation dated 5th March, 2014 with regard to the annual valuation from 2nd Quarter 1990-1991 to 4th Quarter 2012 in respect of premises No.7/1, Lord Sinha Road, Kolkata. Prayer is to set aside the entire demand and to grant a fresh hearing. It has been submitted that the petitioners are ready to deposit the entire amount of Rs.16,01,520/- beforehand if opportunity is granted to present their cas...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-09-2014
ORDER SHEET CP No.686 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction M/S.TANTIA CONSTRUCTIONS LTD.AND M/S.BALAJ.INDUSTRIES BEFORE: The Hon'ble JUSTICE NADIRA PATHERYA Date : 9th June, 2014. Mr.Supratim Laha for petitioning creditor. Mr.S.K. Tiwary, Mr.S.K. Baid for the company. The Court : The claim in this winding up application arises on account of materials supplied by the petitioning creditor to the company. The case of the petitioning creditor is that for Ircon-Ganga Project at Pahlejaghat materials were supplied and bills raised in respect thereof. Except for two bills payment of all other bills were made by the company to the petitioning creditor. For the bills which remained unpaid a statutory notice was issued on 16th August, 2013. A reply was also given and in the said reply a plea of the goods being defective and rejected has been taken. Admission of outstanding in respect of the said two bills has been admitted. For the reasons mentioned in the reply to the sta...
Awanti Corporation Vs. Sql Star International Ltd.
Court: Kolkata
Decided on: Jun-09-2014
GA No.1561 of 2014 CS No.173 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AWANTI CORPORATION Versus SQL STAR INTERNATIONAL LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 9th June, 2014. Appearance: Mr.S.S.Banerjee, Advocate Mr.Deepraj Basu, Advocate Ms.Shanta Ramchand, Advocate Mr.Tushar S.Thaker, Advocate Mr.Sukanta Das, Advocate The Court: The defendant was a lessee of the second floor of 6 Little Russel Street, Kolkata 700 071. On 31st March, 2014 they vacated the property. The claim in this suit is for arrear rent, interest and other reliefs. This is an application for judgement upon admission and attachment. Going through the correspondence exchanged between the parties between 12th March 2013 and 14th March 2014 being Annexure E to J of the petition, and after hearing learned counsel for the parties, there appears to be no doubt whatsoever that the defendant has not paid rent from November 2012 till March 2013 at the rate of Rs.1,86,...
L and T Finance Ltd. Vs. Pescton Engineering Industries Pvt.
Court: Kolkata
Decided on: Jun-09-2014
AP No.659 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE L & T FINANCE LTD.-VersusPESCTON ENGINEERING INDUSTRIES PVT.LTD.Appearance: Mr.Paritosh Sinha, Adv...for the petitioner. Mr.Siddhartha Banerjee, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 9, 2014. The Court : The respondents are not represented despite previous service. One of the two assets covered by the agreement has been already sold and the sale proceeds adjusted by the petitioner in pro tanto satisfaction of the petitioners claim. The matter appears for confirmation of sale of the second asset. The matter had been adjourned to enable the respondents to get a better offer for the concrete pump for which the best offer now received is Rs.6.5 lakh. It is submitted on behalf of the respondents that the respondents are in a position to match the offer of Rs.6.5 lakh provided the Court permits the respondents to pay off the amount in six monthly inst...
M/S. Raitani Engineering Works Pvt. Ltd. Vs. Union of India
Court: Kolkata
Decided on: Jun-09-2014
AP No.663 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction M/S.RAITANI ENGINEERING WORKS PVT.LTD.Versus UNION OF INDIA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 9th June, 2014. Appearance: Mr.Dipak Basu, Sr.Adv.Mr.Bijon Majumdar, Adv.Mr.P.S. Bose, Adv.Mr.Moloy Kr. Das, Adv.Ms.Aparna Banerjee, Adv.The Court : This is a request under Section 11 of the Arbitration and Conciliation Act, 1996 consequent upon the arbitrator appointed by the Chief Justice or his designate dying prior to the award being made and published. There is no dispute that the general conditions governing railway contracts applies to the contract between the private contractor and the railways. Upon disputes and differences arising between the parties, the contractor required the appointing authority to constitute an arbitral tribunal. Following the appointing authoritys failure to constitute an arbitral tribunal within reasonable time, the contractor carried a request under Section 1...
Bengal India Global Infrastructure Ltd. and ors. Vs. Union Bank of Ind ...
Court: Kolkata
Decided on: Jun-09-2014
TA No.97 of 2014 T. No.196 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Bengal India Global Infrastructure LTD.& ORS.Versus Union Bank of India & ORS.Before: The Honble Justice I.P.MUKERJ.Date: 9th June 2014 Appearance: Mr.Pramit Kr. Ray, Advocate Ms.Suparna Mukherjee, Advocate Mr.Meghajit Mukherjee, Advocate Mr.Debdut Mukherjee, Advocate for the petitioner Mr.Ranajit Chowdhury, Advocate for respondent Nos.1 & 2 The Court: It seems that by a letter dated 17th May 2014 of Union of India, Industrial Finance Branch, 1/1, Camac Street, FiRs.Floor, Kolkata 700016 to the plaintiff company it was recorded that since the latter had not filed any objection to the notice of the bank within 15 days of receipt thereof, the bank declared it to be a willful defaulter and reported the same to the Reserve Bank of India/CIBIL. Following this Courts order dated 11th April 2013 in GA No.1105 of 2013 connected with CS No.54 of 2013 (Saraf Impex PVT.LTD.& Anr. versus Federal ...
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