Kolkata Court June 2014 Judgments
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Hara Prasad Mookerji Vs. Ananda Mohan Roy
Court: Kolkata
Decided on: Jun-25-2014
ORDER SHEET GA No.1766 of 2014 EC No.152 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HARA PRASAD MOOKERJ.Versus ANANDA MOHAN ROY BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th June, 2014. Appearance: Mr.Ravi Kapoor, Adv.Mr.Sanjoy Ginodia, Adv.Mr.Monoj Kumar Tiwari, Adv.Mr.Pradip Dutta Sr.Adv.Mr.Ahin Chowdhury Sr.Adv.Mr.Rajarshree Dutta, Adv.The Court: For more reasons than one the subject property could not be sold. Kooki Jar Foods PVT.LTD.deposited a sum of Rs.1,22,50,000/- with the Receiver as earnest. They did so as an intending purchaser. This deposit was made about two years ago in June, 2012. The Receiver was directed to keep the same in a term deposit, which I am sure, he has duly done. Meanwhile, it appears that the Court is unable, at the present moment, to convey a clear title to Kooki Jar Foods PVT.LTD.by way of sale or assignment of the lease because of the disputes raised by the parties and the lessor of the land West Bengal...
Vs. the State of West Bengal and ors.Defendant
Court: Kolkata
Decided on: Jun-25-2014
ORDER SHEET W.P.No.549 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S M.N.SABUI & CO & ORS.Plaintiff/Petitioner/Applicant VERSUS THE STATE OF WEST BENGAL & ORS.Defendant/Respondent Before: The Honble JUSTICE SOUMITRA PAL Date: 25th June, 2014. For Petitioner: Mr.Kalyan Kumar Bandyopadhya, Senior advocate. For Respondent nos.7 to 11: Mr.Debabrata Saha Roy, Advocate. For State: Mr.Amitesh Banerjee, Advocate. For respondent nos.4 & 6: Mr.M.S.Yadav, Advocate. The Court: In the writ petition, the petitioners have prayed for a direction on the Indian Oil Corporation to extend the permission to run the business of SKO agency granted to the petitioner no.1-M.N.Saabui and Co.which has come to an end on 13th June, 2013 after the lapse of extension of the temporary permission. It appears that with the death of one of the partners of the said firm, a request was made for grant of temporary permission to run the business till 14th June, 2014. In the meantim...
Re: Bilasini Sarangi Vs. Official Liquidator
Court: Kolkata
Decided on: Jun-25-2014
ORDER SHEET ACO1092014 APOT3032014 CP2111957 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RE: BILASINI SARANGI Versus OFFICIAL LIQUIDATOR BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 25th June, 2014. Mr.Utpal Bose, Senior Advocate for the appellant. Mr.Ruma Sikhdar, Advocate for the Official Liquidator. The Court : The subject property is in liquidation. The appellant before us claimed, she purchased the said property from the company whereas there were rival claiMs.Earlier, this Court protected the purchasers by allowing them to exercise their option to conclude the transaction by making payment of the purchased price. Accordingly, the conveyance was executed in favour of the appellant. The subject controveRs.would relate to a contiguous land that the appellant claimed, unless sold to them, would make them landlocked. The land is measured about 225 decimal. The matter appeared on April 25, 2014 when the sale wa...
Srei Equipment Finance Ltd. Vs. Sudhanshu Shekhar Giri and anr.
Court: Kolkata
Decided on: Jun-25-2014
ORDER SHEET GA18372014 APOT2982014 AP2912014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD.Versus SUDHANSHU SHEKHAR GIRI & ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 25th June, 2014. Mr.Swatarup Banerjee, Advocate for the appellant. The Court : Despite service, none appears to oppose this application. Hence, we are compelled to take up this appeal ex parte. The learned Judge discharged the Receiver after making the inventory. Learned Counsel appearing for the appellant would contend, the principal amount itself would amount to Rs.13 lakhs that is still outstanding. Hence, the Receiver should be directed to take possession of the equipment. The argument sounds logic. We allow the appeal in part by modifying the order of the learned Single Judge by asking the Receiver to take possession of the assets forthwith. However, the Receiver would permit the respondents to use the assets pr...
India Trident Maritime Pvt. Ltd. and ors. Vs. the Board of Trustees fo ...
Court: Kolkata
Decided on: Jun-25-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Arindam Sinha W.P.No.1936 of 1995 India Trident Maritime PVT.LTD.& ORS.Vs The Board of Trustees for the Port of Calcutta & ORS.For the Petitioner For the Respondents : Mr.Tilak Kr. Bose, Sr.Adv.Ms.Nilanjana Adhya, Adv.: Mr.S.K.Roychowdhury, Adv.Ms.Kumkum Das(Dutta).Adv.Heard on : 05.06.2014 and 10.06.2014. Judgment on : 25th June, 2014. Arindam Sinha, J. The petitioners being steamer agent and shipowner had by this writ petition prayed for issuance of mandamus upon the Kolkata Port Trust and Customs to forthwith release 78 containers belonging to them upon allocating suitable space for storage of the cargo contained therein and for refund of ground rent debited to their marine account. By order dated 12th February, 1996 of this court the said two Authorities were directed to allow the petitioners to de-stuff the cargo in the 78 containers within one week therefrom and, thereafter, t...
Pam Development Pvt. Ltd. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jun-25-2014
ORDER SHEET GA17602014 APOT2822014 AP4922014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PAM DEVELOPMENT PVT.LTD.Versus STATE OF WEST BENGAL & ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 25th June, 2014. Mr.Paritosh Sinha, Advocate for the appellant. Mr.Priyankar Saha, Advocate Mr.Amritam Mondal, Advocate for the respondent. The Court : The appellant applied for appointment of Arbitrator. The appellant made a grievance before the learned single Judge, despite prayer for appointment of Arbitrator being made, the authority did not act upon the same. Hence, they filed an application under Section 11 of the Arbitration and Conciliation Act, 1996. Mr.Priyankar Saha, learned Counsel appearing for the appellant, would inform this Court, the notice to the State was served by registered post with acknowledgement due. The respondent appeared and took time to seek instruction. However, on the fifth occasion, the app...
interkrafts Autocity Pvt. Ltd. and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Jun-25-2014
TA No.109 of 2014 T No.226 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE INTERKRAFTS AUTOCITY PVT.LTD.& ANR. Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th June, 2014. Appearance: Mr.S.S.Banerjee, Advocate Mr.Saumabho Ghosh, Advocate The Court: With special leave, the plaint was presented today at 2.00 P.M.and an interim application moved for the plaintiffs, exparte, citing grave urgency. This case concerns recovery of Central Sales Tax. The fiRs.plaintiff is the dealer of the sixth defendant. They deal in Mercedes Benj caRs.It appears that on the ground that the fiRs.plaintiff did not furnish the C ForMs.the sixth defendant invoked the bank guarantee furnished by the fiRs.plaintiff of an amount of about Rs.90 lakhs, towards payment of Central Sales Tax. According to Mr.Banerjee, learned Advocate appearing for the plaintiffs, they are making all efforts to obtain the C Forms from the public respondents but have ...
M/S. Eastern Coalfields Ltd. Vs. Kajoli Bouri and ors.
Court: Kolkata
Decided on: Jun-25-2014
ORDER SHEET GA No.1648 of 2014 APOT No.269 of 2014 WP No.4 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.EASTERN COALFIELDS LTD.Versus KAJOLI BOURI AND ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 25th June, 2014 Appearance: Mr.R.N. Majumder, Adv.Ms.Sanchita Barman Roy, Adv.Mr.Partha Ghosh, Adv.This application has been filed in connection with the appeal preferred from the judgment and order dated 7th January, 2014 whereby a learned Judge of this Court disposed of the writ petition by directing the Eastern Coalfileds Limited Authorities to pay the compensation due to the respondents-writ petitioners with effect from the month following the death of the husband of the respondent-writ petitioner no.1. Pursuant to the aforesaid direction passed by the learned Single Judge, necessary payment has already been made by the appellant-coal company and the same has been accepted by the responde...
Smt. Hashi Mukherjee Vs. C.M.C. and ors.
Court: Kolkata
Decided on: Jun-25-2014
ORDER SHEET G.A.No.803 of 2014 W.P.No.287 of 2001 G.A.No.1213 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. HASHI MUKHERJEE Versus C.M.C.& ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 26th June, 2014. Appearance : Mr.Mainak Bose, Adv.Mr.Pradip Pal, Adv. for the petitioner Mr.Mr.Mr. for the respondent Indranil Roy, D. Chowdhury, S. Chowdhury, Nos.10,12,13 Adv.Adv.Adv.& 14 Mr.Debdut Mukherjee, Adv.Mr.Tapan Sil, Adv. for the respondent No.15 Mr.G.C. Porel, Adv. for the respondent No.1 (K.M.C.) The Court : Mr.Roy, appearing on behalf of the respondent Nos.10,12,13 & 14 submits that there is nothing left in this the writ petition to be adjudicated which in effect has been sought by the petitioner having applied for recall of order dated 4th May, 2001 by which the same stood disposed of, since the questions raised therein were the subject matter of a subsequent suit filed by the petitioner which has since been dismissed. This Court finds on...
The University of Calcutta and anr. Vs. Chakradhar Lal Agarwala and an ...
Court: Kolkata
Decided on: Jun-25-2014
GA No.2951 of 2012 CS No.856 of 1979 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION The University of Calcutta & Anr. Versus Chakradhar Lal Agarwala & Anr. Before: The Honble Justice I.P.MUKERJ.Date: 25th June 2014 Appearance: Mr.Abhrajit Mitra, Sr.Advocate Mr.Anirban Ray, Advocate Ms.Micky Choudhury, Advocate Mr.Jayanta Sengupta, Advocate Mr.S.N. Pyne, Advocate for the applicant for addition of party Mr.Krishnapada Pal, Advocate for University of Calcutta The Court: This is an application by an alleged purchaser of a premises No.1, Upper Wood Street, Kolkata to be added as a party in the suit. The facts are interesting. One Nirod Chandra Basu Mullick by a Will dated 4th March 1932 followed by a Codicil dated 29th June 1942 devised the above property. He appointed an executor. On 2nd January 1962 this executor ostensibly sold the property to the fiRs.defendant. On 22nd August 1977 the University of Calcutta obtained the Letters of Administration of the estate of Bas...
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