Kolkata Court June 2014 Judgments
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Gopal Chand Bhura Vs. Md. Syed Alam
Court: Kolkata
Decided on: Jun-19-2014
ORDER SHEET GA17522014 APOT2902014 AP612013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GOPAL CHAND BHURA Versus Md.SYED ALAM BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 19th June, 2014. Mr.Samit Talukdar, Sr.Advocate Ms.H.Chakraborty Advocate Mr.A.K.Hazra, Advocate Mr.M.K.Maity, Advocate for the appellant. Mr.Kallol Bose, Advocate for the respondent. The Court : The application for appointment of Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 was dismissed for default. The application for restoration was also dismissed, however, on merits. The learned Judge would record, no sufficient cause was shown to get an order of restoration. Mr.Kallol Bose, learned Counsel appearing for the respondent, would strenuously oppose this appeal by contending, the lady-respondent is victim of great sufferance from the end of the appellant. The subject-matter would relate to an agreement for developm...
Subhas Chandra Sadhukhan and ors. Vs. Sandha Rani Sadhukhan and ors.
Court: Kolkata
Decided on: Jun-19-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present : The Honble Justice Soumen Sen C.S.60 of 1987 Subhas Chandra Sadhukhan & Ors. Vs. Sandha Rani Sadhukhan & Ors. For the plaintiffs : Mr. Aniruddha Mitra, Mr. Sukanta Paul For the defendants : Mr. Bidyut Kr. Banerjee, Mr. D.P. Bhattacharya, Mr. B.K. Banerjee, Mr. Chirantan Dawn Heard on :24. 12.2013, 10.01.2014, 07.05.2014. Judgment on :19. h June, 2014 Soumen Sen, J.:- The plaintiff has instituted the suit for partition of movable and immovable properties situated at 12A, 12B and 12C, Gobinda Sen Lane and 30, Keshab Sen Street, Calcutta (hereinafter referred to as suit properties.). The plaintiff has also prayed for rendition of accounts and allotment of shares by metes and bounds. The plaintiff No.1 series are the grand children of Jogindra Nath Sadhukhan. The plaintiff No.2 series are the great grand children of Jogindra Nath Sadhukhan. The defendant No.1 is one of the grand daughters of Jogindra...
Gopal Chand Bhura Vs. Manzilat Ara Begum
Court: Kolkata
Decided on: Jun-19-2014
ORDER SHEET GA17512014 APOT2892014 AP642013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GOPAL CHAND BHURA Versus MANZILAT ARA BEGUM BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 19th June, 2014. Mr.Samit Talukdar, Sr.Advocate Ms.H.Chakraborty Advocate Mr.A.K.Hazra, Advocate Mr.M.K.Maity, Advocate for the appellant. Mr.Kallol Bose, Advocate for the respondent. The Court : The application for appointment of Arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996 was dismissed for default. The application for restoration was also dismissed, however, on merits. The learned Judge would record, no sufficient cause was shown to get an order of restoration. Mr.Kallol Bose, learned Counsel appearing for the respondent, would strenuously oppose this appeal by contending, the lady-respondent is victim of great sufferance from the end of the appellant. The subject-matter would relate to an agreement for de...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-19-2014
ORDER SHEET CP No.485 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : SUPREME PAPAER MILLS LTD.AND KESORAM INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 19th June, 2014. Mr.Siddhartha Chatterjee, Adv., Ms.S.Chatterjee(Ghosh).Adv.and Mr.M.K. Seal, Adv..for petitioning creditor. Mr.Ashish Chakraborty, Adv.with Mr.P.K.Bagria, Adv..for company. The Court :-The amount claimed in the statutory notice is Rs.7,32,924/- but creditor the sum from the ledger account of the petitioning of Rs.6,84,917/- is shown as payable by the company to the petitioning creditor as on 31st March, 2013. The sum of Rs.2,00,000/- has been paid to the petitioning creditor which is an admitted fact. Therefore, the sum due and payable by the company to the petitioning creditor aggregates to Rs.4,84,917/-. A pay order for the said sum is handed by the company to Counsel for the petitioning creditor which has been accepted. As the principal amount stands liquidat...
Jai Balaji Industries Ltd Vs. Coal India Ltd and ors.
Court: Kolkata
Decided on: Jun-19-2014
ORDER SHEET TA No.104 of 2014 With T No.209 of 2014 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE JAI BALAJ.INDUSTRIES LTD Versus COAL INDIA LTD & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 19th June, 2014. Appearance: Mr.Anindya Kumar Mitra Sr.Adv.Mr.S.Sarkar, Adv.Ms.Rajarshree Kajaria, Adv..for the petitioner. Mr.P.K.Dutta Sr.Adv.Mr.Rajarshree Dutta, Adv.Mr.P.S.Bose, Adv.Mr.N.K.Roy, Adv..for the U.O.I.The Court: The plaint was presented on an urgent basis on 17th June, 2014. This application was moved yesterday, citing grave urgency, in the presence of learned counsel for the fiRs.and second defendants. In order to enable this court to consider or to refuse passing of an interim order properly and upon proper notice to the defendants, I directed the application to appear in the list today, by passing a limited interim order directing status quo to be maintained by the parties with regard to the transfer of funds. This is another suit, claiming, inter alia, an order of injunction...
Srei Equipment Finance Limited Vs. Sushil Kumar and ors.
Court: Kolkata
Decided on: Jun-19-2014
AP No.276 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED -VersusSUSHIL KUMAR & ORS.Appearance: Ms.R.Saha, Adv...for the petitioner. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 19, 2014. The Court : The respondents are not represented despite previous service. It appears from the receivers report that the men and agents of the respondents intimidated and threatened the receiver and did not permit the receiver to make the inventory of the assets covered by the agreement, though it is not clear as to whether the assets were available where the receiver was taken. In view of the respondents conduct as evident from the report, the Superintendent of Police exercising jurisdiction over Loni, Ghaziabad is directed to provide assistance to the receiver for the receiver to take possession of the assets covered by the agreement. The receiver will intimate the Director General of Uttar Pradesh Police, with a copy ...
Bengal MerlIn Housing Ltd. and anr. Vs. Kolkata Municipal Corporation ...
Court: Kolkata
Decided on: Jun-19-2014
ORDER SHEET WP No.866 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BENGAL MERLIN HOUSING LTD.& ANR. Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 19th June, 2014. Appearance: Mr.S.N. Mitra, Sr.Adv.Mr.Ashis Chakraborty, Adv.Mr.Swapan Debnath, Adv.The Court :- The petitioners have challenged the demand made by the KMC by its letter dated 21st January, 2013, copy of which is Annexure P10 to the writ petition, requesting the writ petitioner no.1 to arrange to deposit a sum of Rs.40,47,630.00 for construction of Box Drain including Supervision Charges in place of the surface drain running in front of the premises of the said petitioner. Mr.Mitra, learned Senior Advocate appearing on behalf of the petitioneRs.has relied upon an unreported judgment dated 16th April, 2010 passed by a Division Bench of this Honble Court in which it was held on the information given by learned Senior Advocate appearing on behal...
Srei Equipment Finance Ltd. Vs. Azz Infrastructure Ltd.
Court: Kolkata
Decided on: Jun-18-2014
AP No.1462 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD.Versus AZZ INFRASTRUCTURE LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 18th June, 2014. Appearance: Mr.S.Banerjee, Adv.The Court : The respondent is not represented despite previous service. This petition under Section 9 of the Arbitration and Conciliation Act, 1996 has been pending for a considerable period and the only objective of the finance company is to have the assets covered by the agreement sold even before an award is passed. The receiver has taken possession of three of the 16 tractors covered by the agreement, but has received only a solitary offer of about Rs.6 lakh for all the three tractORS.The petitioner cannot immediately indicate how much the tractors taken possession of by the receiver cost at the time of their acquisition. Since the offer appears to be unconscionably low and the matter has been pending for a considerable period wit...
Srei Equipment Finance Limited Vs. Managobind Jaiswal and anr.
Court: Kolkata
Decided on: Jun-18-2014
1 ORDER SHEET GA No.1621 of 2014 APOT No.273 of 2014 AP No.56 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus MANAGOBIND JAISWAL & ANR. BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 18th June, 2014. Appearance: Ms.Bithika Kaur, ld. Advocate For the appellant. The Court :- This appeal would relate to an order dated 16th April, 2014 wherein the Receiver already made an inventory and submitted report. The learned Judge discharged him from further acting. Hence, this appeal. The respondents are not represented in spite of service upon them. Hence, we proceed exparte. The monthly instalments have become due and payable to the extent of Rs.23 lacs. Ms.Bithika Kaur, learned Advocate for the appellant, submits, if the respondent is not put to terMs.the equipment would be in jeopardy. Ms.appeal in Kaurs part argument by sounds modifying logic. the order We of allow the the learned Single Jud...
Unit Construction Co. Pvt. Ltd. Vs. United Bank of India and ors.
Court: Kolkata
Decided on: Jun-18-2014
GA No.1711 of 2012 CS No.108 of 2012 with GA No.1533 of 2012 CS No.128 of 2014 IN THE HIGH COURT AT CALCUTTA ORDIANRY ORIGINAL CIVIL JURISDICTION Unit Construction Co.PVT.LTD.Versus United Bank of India & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 18th June 2014 Appearance: Mr.Anirban Roy, Advocate for the plaintiff Mr.P.S. Bose, Sr.Advocate Mr.I.Dasgupta, Advocate for the Union of India The Court: CS No.128 of 2014 is treated to be on the days list. In the interim applications made in aid of the above suits orders of injunction were passed by this Court restraining invocation of bank guarantees aggregating to about Rs.6 crores. A bank guarantee for Rs.1,71,20,096/- was invoked by the Union of India before filing of the suit. Bank guarantees aggregating to Rs.3,84,00,431/- have been invoked, but kept in a separate account pursuant to orders of this Court. But the validity period of other bank guarantees, one set aggregating to Rs.2,15,67,166/- and another aggregating to Rs.70,70,...
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