Kolkata Court June 2014 Judgments
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Sudhir Rai and ors. Vs. the Registrar of Companies, West Bengal and an ...
Court: Kolkata
Decided on: Jun-20-2014
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION PRESENT : THE HONBLE JUSTICE PATHERYA C.P.No.92 of 2009 SUDHIR RAI & ORS.VERSUS THE REGISTRAR OF COMPANIES, WEST BENGAL & ANR. For the Petitioner : Mr.Ratnanko Banerjee, Ms.Manju Bhuteria, Mr.P.Sinha. For the Company : Ms.A.G.Gutgutia, Ms.Lily Ghosh. Heard on : 02.03.2009, 24.04.2009, 12.06.2012. Judgement on : 20th June, 2014. PATHERYA, J. : This application has been filed under Section 633(2) of the 1956 Act. The case of the petitioner is that on the basis of the complaint filed by one of its ex-Directors a show cause notice was issued. When it was brought to the notice of the ROC that the complaint had been filed to pressurise conciliation in favour of the complainant as a dispute was under consideration by a mediator or conciliator, the proceeding initiated was dropped. On 11th October, 2007 information and explanation was sought on the basis of inspection made under Section 209A of the 1956 Act. A reply was given o...
M/S. Monarch India Pvt Ltd Vs. Ashirbad Food Products Pvt Ltd.
Court: Kolkata
Decided on: Jun-20-2014
1 ORDER SHEET APO No.111 of 2014 CP No.448 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.MONARCH INDIA PVT LTD Versus ASHIRBAD FOOD PRODUCTS PVT LTD.BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 20th June, 2014. Appearance: Mr.Arik Banerjee with Mr.Dipak Kr. Mukhopadhyay Ld. Advocates for the appellant. Ms.Manju Bhutoria, ld. Advocate For the respondent. The Court :- In a petition for winding up an unsecured creditor can ask for closure of the company on the ground, the company is insolvent and unable to pay its debts. It is not a mode for recovery of debt yet the sundry creditors of a corporate entity use this mechanism to have speedy realization of their claim. The Company Court, when faced with such a situation, would also take a lenient view and permit realization taking a pragmatic commercial approach. However, once the issue raises any doubt in the mind of the Court, the Court must be slow in putting the dea...
Srei Equipment Finance Ltd. Vs. Bengal Prakalpa Nirman Pvt. Ltd. and a ...
Court: Kolkata
Decided on: Jun-20-2014
AP No.250 of 2014 AP No.251 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD.Versus BENGAL PRAKALPA NIRMAN PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 20th June, 2014. Appearance: Mr.A.Mitra, Adv.Mr.Amit Pan, Adv.The Court : The parties have agreed that the entire amount in default, including the reduced interest thereon, would be paid off by the respondents to the petitioner in the near future and, thereafter, the petitioner will have no further claim on the respondents. The parties have agreed that the petitioner will regard the agreements as closed and all obligations thereunder discharged if a sum of Rs.15 lakh on account of the defaulted instalments and interest and costs is tendered by June 30, 2014, or an amount of Rs.15.25 lakh is tendered by July 15, 2014. The respondents have agreed to the same. Upon the payment being tendered, the petitioner will have no further claim in respect of the a...
C.i.T. Wbiii Cal. Vs. M/S. United Bank of India
Court: Kolkata
Decided on: Jun-20-2014
ORDER SHEET I.T.A.No.85 1999 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE C.I.T.WB-III CAL. Versus M/S.UNITED BANK OF INDIA BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA -AndThe Hon'ble JUSTICE SUDIP AHLUWALIA Date : 20th June, 2014. For Appellant : Mr.P.K.Bhowmick, Adv.For Respondent : Mr.Abhratosh Majumdar with Mr.Soumitra Mukherjee, Mr.Avra Majumdar & Mr.Soumitra Chowdhury, Adversus The following question was framed when the appeal was admitted : i) Whether the learned Tribunal committed any substantial error of law in holding that the assessee was entitled to follow hybrid system of accounting and that there was nothing wrong in accounting for sticky loans or cash basis since the recovery of even the principal amounts of these sticky loans was doubtful?. The revenue/appellant is interested in contending that the view taken by the learned Tribunal is contrary to the judgement in the case of State Bank of Travancore versus Commissioner of Income Ta...
Srei Equipment Finance Private Limited Vs. Rangara Industries Private ...
Court: Kolkata
Decided on: Jun-20-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.848 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.849 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.850 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.851 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.853 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.854 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.855 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED AP No.857 of 2012 SREI EQUIPMENT FINANCE PRIVATE LIMITED -VersusRANGARA INDUSTRIES PRIVATE LIMITED Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.Sakya Sen, Adv.Mr.Rajesh Upadhyay, Adv...for the respondents. BEF...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-20-2014
ORDER SHEET CP No.334 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction JAIN INFRAPROJECTS LTD.AND LAFARGE AGGREGATES & CONCRETE INDIA PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 20th June, 2014. Mr.Utpal Bose, Mr.D.N. Sharma for petitioning creditor. Mr.Abhrajit Mitra, Sr.Adv., Mr.Jishnu Chowdhury, Mr.Joydeep Guha for the company. Mr.Nilay Sengupta for supporting creditor. The Court : An order was passed on 21st January, 2014 admitting C.P.334 of 2013 for the sum of Rs.3.02 cores along with interest calculated at 8% per annum. The said sum was to be paid in six instalments of Rs.50 lakhs per month from the said order. An appeal was filed and the Appeal Court reduced the instalment amount. The rest of the order remained confirmed. Therefore, undoubtedly sums are due and payable by the company to the petitioning creditor. On and from 1st March, 2014 when the fiRs.instalment was to be paid till this day a sum of Rs.1 crore has accrued on account of arrear. Let the said ...
Ruby Bhattacharyya Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-20-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Ashim Kumar Roy June 20, 2014 WP210of 2012 Ruby Bhattacharyya versus State of West Bengal & ORS.Mr.Anjan Bhattacharya, Advocate for the petitioner Mr.Joytosh Majumdar, Additional Government Pleader with Mr.Sadhan Halder, Advocate Mr.Shamim Ul Bari, Advocate for the State The Court :- Heard Mr.Anjan Bhattacharya, learned Advocate for the petitioner and Mr.Joytosh Majumdar, Additional Government Pleader along with Mr.Sadhan Halder, learned Advocate and Mr.Shamim Ul Bari, learned Advocate for the State respondents. The District Inspector of Schools, Kolkata is personally present in Court. Affidavit filed by her be taken on record. Having regard to the averments made in paragraph 10 in this affidavit as also in paragraph 11, I do not incline to proceed any further against her for non-supplying instruction. This writ application is directed against the order passed by the Director of Sc...
…applicants. Vs. Bhagwati Developers Private Limited
Court: Kolkata
Decided on: Jun-19-2014
In the High Court at Calcutta Civil Appellate Jurisdiction Original Side. Present: The Honble Justice Subhro Kamal Mukherjee And The Honble Justice Dr. Mrinal Kanti Chaudhuri A.C.O.No.126 of 2013 with A.P.O.No.347 of 1996 A.C.O.No.155 of 2013 A.C.O.No.163 of 2013 And A.C.O.No.127 of 2013 with A.P.O.No.346 of 1996 A.C.O.No.156 of 2013 A.C.O.No.162 of 2013 The Peerless General Finance and Investment Company Limited and another Applicants. Versus Bhagwati Developers Private Limited Respondent. For the applicants: Mr.Bhaskar Prasad Gupta, Mr.A.Chatterjee, Mr.T.Nag Chowdhury, Mr.A.Basu. For the applicants in A.C.O.Nos.162 and 163 of 2013: Mr.Saktinath Mukherjee, Mr.Lakshmi Kumar Gupta, Mr.S.Banerjee. For Bhagwati Developers Private Limited: Mr.S.K. Kapoor, Mr.Jishnu Saha, Mr.Ravi Kapoor, Mr.R.K.Jhunjhunwala, Ms.Alpona Chowdhury, Mr.S.Rudra. Judgment on: June 19, 2014. Subhro Kamal Mukherjee, J.: These are two applications for review of the judgment and order dated June 10, 2013 passed by a ...
Elder Pharmaceuticals Limited Vs. Amrapali Barter Pvt Ltd
Court: Kolkata
Decided on: Jun-19-2014
1 ORDER SHEET GA No.1834 of 2014 APOT No.300 of 2014 CS No.161 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ELDER PHARMACEUTICALS LIMITED Versus AMRAPALI BARTER PVT LTD BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 19th June, 2014. Appearance: Mr.Surajit Nath Mitra, Sr.Advocate, Mr.Arindam Mukherjee and Mr.Deepak Jain Ld. Advocates for the appellant. Mr.Abhrajit Mitra, Sr.Advocate with Mr.Jishnu Chowdhury, Mr.Soumava Ghosh And Ms.Rajashree Kajaria, ld. Advocates For the respondents. The Court :- This litigation would deal with an intercorporate deposit of Rs.1 crore that the appellant failed to repay barring a sum of Rs.20 lac. Apart from the reasons shown by the appellant for non-payment of the amount, we would find, there would be hardly any defence to the claim, in view of dishonour of cheques. Mr.Surajit Nath Mitra, learned senior Counsel appearing for the appellant, in his usual fairness would draw our attention...
Subhasish Bagchi Vs. Union of India and ors.
Court: Kolkata
Decided on: Jun-19-2014
WP No.544 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SUBHASISH BAGCHI Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 19th June, 2014. Appearance: Mr.Soumya Majumdar, Adv.Mr.Biswarup Bhattacharya, Adv.Mr.Sourav Mondal, Adv..for the petitioner Mr.Saptangsu Basu, Sr.Adv.Mr.Somnath Bose, Adv..for KoPT Mr.Rabindra Nath Bag, Adv..for UOI The Court : This is the second round of the petitioners attempt to clamber on to the post of Financial Advisor and Chief Accounts Officer of Kolkata Port Trust. The previous writ petition, WP No.59 of 2014, was allowed in part by an order of February 20, 2014 though the order gives an impression that the writ petition may have succeeded in full. The promotional post of Financial Advisor and Chief Accounts Officer fell vacant on March 1, 2012. Applications were invited for filling up such post on April 9, 2013. The petitioner met the eligibility criteria for the post and duly applied th...
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