Kolkata Court June 2014 Judgments
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The Bengal Bonded Warehouse Association and anr Vs. K.M.C. and ors
Court: Kolkata
Decided on: Jun-04-2014
ORDER SHEET G.A.No.1597 of 2014 W.P.No.39 of 2012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE BENGAL BONDED WAREHOUSE ASSOCIATION & ANR Versus K.M.C.& ORS BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 4th June, 2014. For Petitioner : Mr.S.Pal,Senior Advocate Mr.D.N.Sharma,Advocate Mr.D.Mukherjee,Advocate Mr.S.Sengupta,Advocate Mr.D.K.Sarkar,Advocate Ms.P.Basu,Advocate For KMC : Mr.Aloke Kr.Ghosh,Advocate Mr.S.K.Debnath,Advocate Mr.D.Mondal,Advocate For respondent no.6: Mr.Chayan Gupta,Advocate Mr.M.M.Chandra,Advocate For Respondent nos.7,8,9: Mr.Jahar Roy,Advocate Mr.A.Biswas,Advocate Mr.D.Bhattacharjee,Advocate For respondent no.10: Mr.R.L.Mitra,Advocate. For state respondent nos.4 & 5: Ms.Jyotsna Roy,Advocate The Court : Let affidavit of service filed in Court today be kept on record. In the application being G.A.No.1597 of 2014, the applicant, that is, the writ petitioner, has inter alia, prayed for a direction upon the Mayor, the Kolkata Munic...
Shree Jai Prakash Jaiswal Vs. the Official Liquidator and anr.
Court: Kolkata
Decided on: Jun-04-2014
ORDER SHEET CA No.344 of 2014 With CP No.42 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF : M/S.SHREE SANYEEJ.STEEL & POWER LTD.(IN LIQN.) AND SHREE JAI PRAKASH JAISWAL versus THE OFFICIAL LIQUIDATOR & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 4th June, 2014. Mr.M.S. Tiwary for the applicant. Mr.K.C.Garg for Gopal Saraf & Parmeshwar Lal Saraf. Mrs.Ruma Sidkar for Official Liquidator. The Court : By order dated 16th May, 2014 the matter was adjourned till 6th June, 2014 when the question of stay of the winding up order dated 8th January, 2014 would be considered. In the meantime sums aggregating to one instalment was directed to be paid to the petitioning creditor and the supporting creditor. It has transpired that the demand draft dated 20th May, 2014 was sent by speed post on 21st May, 2014 to the supporting creditor directly but the same could not be encashed as there was a mistake in the spelling of the name of the company. In fact, the said ord...
Celica Developers Private Limited Vs. Apsom Turner Private Limited and ...
Court: Kolkata
Decided on: Jun-04-2014
AP No.748 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CELICA DEVELOPERS PRIVATE LIMITED Versus APSOM TURNER PRIVATE LIMITED & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 4th June, 2014. Appearance: Mr.Samrat Sen, Adv.Mr.P.Sinha, Adv..for the petitioner Mr.Sandipto Bose, Adv.Ms.Ankita Mukherjee, Adv..for the respondent nos.1 & 3 Mr.Dinesh Kumar Gupta, Adv.Mr.Subhasis Sengupta, Adv.Mr.Arnab Dutt, Adv..for the respondent nos.2 & 5 The Court : It appears to be the fairly admitted position that the fiRs.respondent has obtained a substantial loan from the petitioner and has not been able to repay the same. The other respondents are the guarantORS.The second and fifth respondents dispute the disbursement of the loan though the fiRs.respondent is represented and does not dispute such position. In any event there is a letter of April 3, 2014 issued by the fiRs.respondent to the petitioner acknowledging the receipt of the loan and indicatin...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-04-2014
ORDER SHEET CP No.774 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF : HIMANGINI INFRACo.INDIA LTD -ANDBORNALI CHOWDHURY BEFORE: The Hon'ble JUSTICE PATHERYA Date : 4th June, 2014. Mr.Chayan Gupta, Mr.Arun Kr. Mishra for petitioning creditor. The Court : This winding up petition arises on account of redemption value of the 70,000/- preference shares which became redeemable on 15th June, 2013. Although a request was made on 20th June, 2013 by the petitioning creditor to the company to make payment of the redeemable preference shares and on receipt of such letter a reply was given wherein the company categorically stated that it was facing financial problems but payment would be made by August,2013 along with interest. In spite of such assurance no sum has been paid. Hence a statutory notice was issued on 23rd October, 2013 to which a reply has been given. The only plea taken by the company in the said reply is that it was facing financial crisis. The amount...
Pratik Barua and ors. Vs. Sm. Bina Barua and ors.
Court: Kolkata
Decided on: Jun-04-2014
ORDER SHEET GA No.3670 of 2010 With CS No.993 of 1960 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PRATIK BARUA & ORS.Versus SM. BINA BARUA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 4th June, 2014. Appearance: Mr.Purna Chandra Paul Chowdhury, Adv.Mr.Deep Narayan Mukherjee, Adv.Mr.Santanu Mukhjerjee, Adv.Mr.Tarun Kanti Ghosh, Adv.Mr.Saurav Chaudhuri, Adv.The Court: The appearing parties have approached this Court for sale of the items mentioned in paragraph 8 of the application in terms of the order dated 22nd December, 2010 of Sanjib Banerjee, J. and the order dated 16th November, 2011 passed by this Court. The items proposed to be sold are the following: 1. One silver gilded betel pot; 2. One gold medal; 3. (a) One full coin (East India Co.).(b) One half coin (East India Co.1849).(c) One half coin (Habib Bank).(d) Two quarter coins (Farshi).4. One Gold Coin (Kanishka Period).5. Gold Farshi with Navaratna fittings (silver kalka and silver p...
Tapan Kumar Chakraborty Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Jun-04-2014
ORDER SHEET GA No.952 of 2014 APOT No.143 of 2014 WP No.217 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TAPAN KUMAR CHAKRABORTY Versus KOLKATA MUNICIPAL CORPORATION AND ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 4th June, 2014 Mr.Partha Chakraborty, Adv.with Mr.Jayanta Mukherjee, Adv.Mr.Sourav Karmakar, Adv..for the appellant Ms.Sima Chakraborty, Adv.with Mr.Gopal Chandra Das, Adv..for the KMC Mr.Sakya Sen, Adv.with Mr.Mirza Firoj Ahmed Begg, Adv..for the State Mr.Kallol Bose, Adv.with Mr.Suman Banerjee, Adv..for the respondent no.8 In compliance with the earlier order passed by this Court on 30th April, 2014, the Commissioner of Police, Kolkata has submitted a report before this Court wherefrom it appears that Sr.Sumanjit Ray, IPS, Deputy Commissioner of Police (II).Detective Department, Kolkata has conducted an inquiry into the matter and the report submitted by the said Deputy Commi...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-03-2014
ORDER SHEET CP No.705 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF : NETWORK INDUSTRIES LTD.AND INTEX INDIA TRADING CO.PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 3rd June, 2014. Mr.Shaunak Mitra, Adv.for petitioning creditor. Mr.Amitava Das, Adv.for the company. The Court : The statutory notice was issued on 17th August, 2013 and this day the company is represented not only through Counsel but also through Mr.Rajesh Chamria, Vice President of the company. As Counsel for the company was seeking to bargain with the Court regarding payment and naturally so as it wanted to get the best relief for its client the Court called upon Mr.Rajesh Chamria, Vice President of the company to liquidate the dues of the petitioning creditor at the earliest possible time. The Vice President of the company rose to the occasion and has agreed to make payment of an initial sum of Rs.5 lakhs in two instalment. The fiRs.instalment of Rs.2 lakhs is handed to Counsel for ...
Raj Sing Nahar and ors. Vs. Keshari Sing Nahar and ors.
Court: Kolkata
Decided on: Jun-03-2014
ORDER SHEET G.A.No.1115 of 2014 C.S.No.1377 of 1940 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAJ SING NAHAR & ORS.Versus KESHARI SING NAHAR & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 3rd June, 2014. For Plaintiffs/Petitioners : Ms.Madhu Priya with Mr.D.Sharma, Adversus For Defendants/Respondents : Mr.Subrata Ray, Adv.This is an application in a very old suit of 1940. It is made, further to the liberty granted to make such an application, by an order of this Court dated 23rd April, 1942. The subject matter of this application concerns the Nahar family and more particularly, the Deed of Trust dated 19th January, 1918 executed by Sree Rai Setab Chand Nahar Bahadur. Amongst others things, this Deed of Trust provided that the eldest male lineal descendant of the settlor would be the trustee. I was shown an order of this Court of 23rd April, 1942 appointing Keshari Sing Nahar as the trustee. It inter alia provided for a Board of Control to act...
Keshar Deo Agarwal Vs. the Income Tax Settlement Commission (i.T. and ...
Court: Kolkata
Decided on: Jun-03-2014
ORDER SHEET GA No.1505 of 2014 WITH WP No.1048 of 2004 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE KESHAR DEO AGARWAL Versus THE INCOME TAX SETTLEMENT COMMISSION (I.T.& W.T.) ADDL BENCH, KOL BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 3rd June, 2014. Appearance : Mr.Sanjoy Bhowmik, Adv.Mr.Siddharth Das, Adv.Mr.C.S.Das, Adv.for the petitioner. Mr.P.K.Bhowmick, Adv.for the respondent. The Court : G.A.No.1505 of 2014 is an application for substitution of the deceased petitioner by his legal representatives. The applicant No.3 is the widow, the applicant Nos.1 and 2 are the sons and the applicant Nos.4 and 5 are the daughters of the deceased petitioner. Causes shown in the application are that on 3rd April, 2014 the writ petition was listed for hearing when the learned advocate engaged by the petitioner sought to contact the writ petitioner whereupon his legal representatives responded by supplying the information to the said learned advocate that the ...
India Ltd. Vs. Saraf Impext Pvt. Ltd.
Court: Kolkata
Decided on: Jun-03-2014
AP No.1134 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE STATE TRADING CORPORATION OF INDIA LTD.-VersusSARAF IMPEXT PVT.LTD.Appearance: Mr.Shiv Shankar Banerjee, Adv.Mr.Arik Banerjee, Adv.Ms.Rituparna Majumdar, Adv...for the petitioner. Mr.Tilok Kr. Bose, Sr.Adv.Mr.Ashoke Bhowmick, Adv.Mr.Kaushik Chakraborty, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 3, 2014. The Court : The petition is misconceived and when it was moved at the ad interim stage, the petitioner deliberately deceived the Court in obtaining an undeserving order. A completely fabricated story is made out in the petition and the Court was led to believe at the ad interim stage that a substantial sum remained due under an agreement of September 29, 2010 for which cheques had been issued by the respondent and had been dishonoured upon presentation. On the strength of the case made out in the petition and the dishonoured cheques relied upon,...
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