Kolkata Court June 2014 Judgments
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The Oriental Insurance Co. Ltd. Vs. Kolkata Municipal Corporation and ...
Court: Kolkata
Decided on: Jun-30-2014
WP No.548 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE ORIENTAL INSURANCE Co.LTD.-VersusKOLKATA MUNICIPAL CORPORATION & ORS.Appearance: Mr.Prabir Kumar Ghosh, Adv...for the petitioner. Mr.Mr.Achintya Kumar Banerjee, Mr.Debangsu Mondal, Ms.Piyali Sengupta, ...for the Adv.Adv.Adv.KMC. BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 30th June, 2014. The Court : Since it is submitted by the learned Advocate for the petitioner that the respondents, including the private respondents have been served with copies of the writ petition, he is directed to file affidavit of service by tomorrow. In this writ petition, Oriental Insurance Company, the petitioner has challenged the Letter of Intimation dated February, 2014 informing the quantum due as municipal taxes. 6th On a query, it is submitted on behalf of the petitioners that though sought for by the said intimation, however, no representation has been submitted. Learned Advocate appearing on behalf o...
Girish Chandra Ojha Vs. Sriram Amritlal Ojha and ors.
Court: Kolkata
Decided on: Jun-27-2014
ORDER SHEET CC No.99 of 2013 With CS No.164 of 2004 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE GIRISH CHANDRA OJHA Versus SRIRAM AMRITLAL OJHA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 27th June, 2014. Appearance: Mr.Ahin Chowdhury Sr.Adv.Mr.Mainak Bose, Adv.Ms.Debamitra Adhikari, Adv..for the petitioner. Mr.Pratap Chatterjee Bar-at-Law, Mr.Dhruba Ghosh Bar-at-Law, Ms.Trina Banerjee, Adv.Mr.S.N.Mitra Sr.Adv.Mr.R.Sharma, Adv.Mr.B.Basu Mallick, Adv.Mr.Joy Saha, Adv.Mr.Samit Talukdar Sr.Adv.Mr.Somen Bose, Adv.Mr.B.K.Singh, Adv.Mr.Tushar Thaker, Adv.Mr.Sudeep Sanyal, Adv.Ms.Lopamudra Maitra, Adv.The Court: In terms of the order dated 6th June, 2014 Mr.Anup Ojha, Mr.Jayshree Trivedi, Mr.Mihir Ojha, Mr.Sriram Ojha, Mr.Promod Rai Ojha are present in Court. 2 Mr.Pratap Chatterjee, learned Senior Counsel appearing on behalf of the contemnor no.1, submits that the contemnor no.1 has preferred an appeal against the order dated 6th June, 2014 and the appeal could not be taken up as the ...
Purnendro Mullick Vs. Dhirendro Mullick and ors.
Court: Kolkata
Decided on: Jun-27-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak G.A.No.1576 of 2014 C.S.No.710 of 1990 Purnendro Mullick versus Dhirendro Mullick & ORS.For the Petitioner : Mr.Mr.Mr.Mr.Mr.Abhrajit Mitra, Sr.Advocate Satadeep Bhattacharya, Advocate Soumobho Ghosh, Advocate A.K.Roy, Advocate S. Biswas, Advocate For the Respondents : Mr.Aniruddha Mitra, Advocate Ms.Aiman Abdullah, Advocate Mr.Ram Chandra Banerjee, Advocate Mr.P.C.Pal Chowdhury, Advocate Mr.D.N.Mukherjee, Advocate Heard on : June 25, 2014 Judgment on : June 27, 2014 DEBANGSU BASAK, J. A non-party to the suit applied for leave to sue the Receiver appointed in the present suit. The suit was in respect of disputes relating to Trust Estate of Jitendra Mullick. The trust created by a registered deed of trust dated August 16, 1949. The nonparty claimed the said trust as owner of premises No.7A, Kiran Sankar Roy Road, Kolkata- 700001 had agreed to grant lease of the said ...
Qvc International Pvt. Ltd. Vs. Centom Industries Ltd. and anr.
Court: Kolkata
Decided on: Jun-27-2014
ORDER SHEET CC NO.151 OF2013EC NO.236 OF2014IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Contempt].ORIGINAL SIDE QVC INTERNATIONAL PVT.LTD.Versus CENTOM INDUSTRIES LTD.& ANR. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 27th June, 2014. Mr.J.Chowdhury, Mr.Arif Aliappear. Mr.A.RoyappeaRs.The Court : The petitioner has also taken out an execution application, EC No.236 of 2014. This execution application is treated as on the days list. According to Mr.Chowdhury, learned advocate for the judgment debtor company and the alleged contemnORS.his clients are insolvent. They are unable to pay the amount directed to be paid by the decree dated 7th March, 2014. If any money comes into their hands they would satisfy the decree. Hence, it cannot be said that there is willful violation of a decree or order of this Court. Mr.Roy for the petitioner in the contempt application and for the decree holder disputes that Mr.Chowdhurys clients do not have the financial capacity to satisfy the decree...
Mr. Chiranjib Sinha, Ad Vs. …for the Company
Court: Kolkata
Decided on: Jun-27-2014
ORDER SHEET CA No.294 of 2014 CP No.648 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE AJANTA LEATHER FASHIONS PVT LTD -ANDVINAY CHOJAR AND ANR BEFORE: The Hon'ble JUSTICE PATHERYA Date : 27th June, 2014. Mr.Lal Ratan Mondal, Adv.for the petitioner Mr.Pran Gopal Das, Mr.Anubhav Sinha, Mr.Chiranjib Sinha, Adversus for the company The Court : By this application the company seeks recall of order dated 4th April, 2014. Two grounds have been assigned for recall. The fiRs.relates to a settlement reached between the parties. The said ground cannot be accepted as in paragraph 6 of C.A.294 of 2014 the applicant company has pleaded that subsequent to a meeting and negotiation, there was an oral settlement reached between the parties. The said at this stage is not relevant. If there was a subsequent meeting, there must have also been a meeting prior thereto but there is no mention of such meeting held prior to the subsequent meeting. Another interesting feature is that...
State Bank of Bikaner and Jaipur Vs. Van Udyog Exim Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Jun-27-2014
1 ORDER SHEET GA No.1943 of 2014 APOT No.310 of 2014 CS No.204 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE STATE BANK OF BIKANER & JAIPUR Versus VAN UDYOG EXIM PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 27th June, 2014. Appearance: Mr.Arindam Mukherjee and Mr.V.Rajarao Ld. Advocates for the appellant. Mr.Ratnanko Banerjee, Sr.Advocate with Ms.Sutapa Sanyal and Mr.Biswanath Chatterjee For respondent no.2. Mr.Sankarsan Sarkar and Mr.S.Abedin, Ld. Advocates for the respondent no.2. The Court :- The subject controveRs.would relate to an overseas transaction in which the appellant-bank financed the respondent no.1, who exported consignment from Bangladesh through letter of credit to be honoured by the respondent no.2, a Bangladesh Bank. The customs would certify, there was no such transaction at all. No goods passed through the customs corridor. The bank did not get back their money. They made complain ...
R. Piyarelall Import and Export Ltd Vs. Agrozan Commodities Dmcc and o ...
Court: Kolkata
Decided on: Jun-27-2014
ORDER SHEET GA No.1691 of 2014 With CS No.34 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE R. PIYARELALL IMPORT AND EXPORT LTD Versus AGROZAN COMMODITIES DMCC & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 27th June, 2014. Appearance: Mr.Satadeep Bhattacharya, Adv.Mr.S.Basu, Adv.Mr.S.K.Das, Adv.Ms.N.Adhya, Adv.The Court : In this application the plaintiff has prayed for destuffing of the subject containers in order to enable Custom Authorities to implement the order dated 17th January, 2014. At an initial stage, the plaintiff was directed to furnish cash security as a condition precedent for destuffing of the goods. The said order, however, was subsequently modified and joint receivers were appointed to supervise destuffing of the goods with a direction to take all steps to sell the goods by public auction in consultation with the parties in view of the fact that the said goods are perishable in nature. Subsequent thereto, on 17th January...
M/S.Ggs Infrastructure Pvt. Ltd. Vs. Srei Equipment Finance Ltd.
Court: Kolkata
Decided on: Jun-27-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA19512014 APOT3122014 AP4302014 AND GA19552014 APOT3142014 AP4292014 AND GA19562014 APOT3152014 AP4482014 M/S.GGS INFRASTRUCTURE PVT.LTD.Versus SREI EQUIPMENT FINANCE LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 27th June, 2014. Mr.Joy Saha, Advocate Mr.Saugata Maity, Advocate Mr.Rajib Mullick, Advocte Mr.Arik Banerjee, Advocate for the appellant. Mr.Utpal Bose, Senior Advocate Mr.R.N.Ghose, Advocate Ms.Sayani Mondal, Advocate for the respondent. The Court : This is the second round of default having committed by the appellant even after agreeing to pay by instalments. Mr.Joy Saha, learned Counsel appearing for the appellant is candid enough to say, the appellant is in default. They would, however, try their level best to clear off the dues fallen in arrear if further opportunity is given. Mr.Utpal Bose, learned senior Counsel appearing for the respon...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-27-2014
ORDER SHEET CA No.301 of 2014 With CP No.553 of 1998 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : MAYFAIR NURSING HOME PVT.LTD.(IN LIQN.) BEFORE: The Hon'ble JUSTICE PATHERYA Date : 27th June, 2014. Mr.Shamba Chakraborty, Advocate for Simran Enterprise. Mr.Ravi Kumar Verma appears in person for Kala Furniture. Mr.D.K. Singh, Deputy Official Liquidator appeaRs.The Court : Two offers were received for sale of movable assets of the company (in liquidation).The bidders are Kala Furniture and Simran Enterprise. While Kala Furniture initially made an offer of Rs.1,35,100/- Simran Enterprise made an offer of Rs.1 lakh and on basis of initial offer the earnest money has been deposited with the Official Liquidator. On this day, each of the parties raised their respective bids and the last offered price of Kala Furniture is Rs.4.02 lakhs while that of Simran Enterprise is Rs.4.01 lakhs. As the offer of Kala Furniture of Mahestala of Premises no.G-3, 124/36...
And anr. Vs. Registrar of Companies and ors.
Court: Kolkata
Decided on: Jun-27-2014
ORDER SHEET CP No.270 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction HIMACHAL PRADESH PETROLEUM DEALERs.ASSOCIATION & ANR. Versus REGISTRAR OF COMPANIES & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 27th June, 2014. Mr.Samit Talukdar, Sr.Adv., Mr.D.K. Sen for petitioner. Mr.Chayan Gupta, Mr.A.K. Mishra for members of respondent no.3. Mr.Santanu Kr.Mitra for Union of India. The Court : This application has been filed under Section 560(6) of the 1956 Act whereby the applicant seeks restoration of the respondent no.3. The name of the respondent no.3 has been struck off from the register of the Registrar of Companies, West Bengal on 17th May, 2008. Section 560(6) of the 1956 Act empowers either the company or any of its member or a creditor to file an application for restoration. This application being filed by a member of the respondent no.3 is maintainable but such application is opposed by some of the members who may be desirous of making the applicant a member of anoth...
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