Kolkata Court June 2014 Judgments
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Srei Equipment Finance Ltd Vs. Core Education Technologies Ltd.
Court: Kolkata
Decided on: Jun-18-2014
AP No.317 of 2014 AP No.318 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI EQUIPMENT FINANCE LTD Versus CORE EDUCATION TECHNOLOGIES LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 18th June, 2014. Appearance: Mr.Utpal Bose, Sr.Adv.Mr.Kaushik Chatterjee, Adv.Ms.Ruby Jaiswal, Adv.Rajesh Upadhyay, Adv.The Court : The respondent is represented and it is submitted that it has approached the petitioners Mumbai office for a settlement. The petitioner, however, claims that not only has payment in terms of the order of this Court as modified in an appeal not been made, the direction of the Appellate Court for the respondent to disclose the whereabouts of the assets covered by the agreement has also not been complied with. In the usual couRs.upon a substantial sum remaining due in respect of a hire-purchase or finance agreement, the Court would be prompted to appoint a Receiver to take possession of some or all of the assets covered by the agreement to enc...
Singhania Enterprises Vs. the Chief Engineer, Military
Court: Kolkata
Decided on: Jun-18-2014
GA No.1679 of 2014 AP No.654 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SINGHANIA ENTERPRISES -VersusTHE CHIEF ENGINEER, MILITARY ENGINEERING SERVICES. Appearance: Ms.Hashnuhana Chakraborty, Adv...for the petitioner. Mr.Dipanjan Datta, Adv...for Union of India. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 18, 2014. The Court : Sufficient grounds have been made out as to why the petitioner was not represented on June 4, 2014 when A.P.No.654 of 2014 was dismissed for default. The order dated June 4, 2014 is recalled and A.P.No.654 of 2014 is restored to the file. This restoration application, G.A.No.1679 of 2014, is allowed as above. By consent of the parties A.P.No.654 of 2014 is taken up for immediate hearing. In this request under Section 11 of the Arbitration and Conciliation Act, 1996, the petitioner refers to clause 6(b) of the tender documents and clause 70 of the general conditions governing the contract to suggest that the...
Birla Corporation Ltd. Vs. Mahabir Prasad Sharma
Court: Kolkata
Decided on: Jun-18-2014
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION PRESENT : THE HONBLE JUSTICE PATHERYA C.P.No.48 of 2010 BIRLA CORPORATION LTD.VERSUS MAHABIR PRASAD SHARMA For the Petitioner : Mr.Ratnanko Banerjee, Mr.D.N.Sharma, Mr.Pratik Mukhopadhyay. For the Company : Mr.Abhrajit Mitra, Ms.Manju Bhutoria, Mr.Sambhik Chowdhury. Heard on : 03.01.2013, 24.01.2013, 01.02.2013 Judgement on : 18th June, 2014. PATHERYA, J. : In this winding up petition the claim arises on account of pension payable by the Company to the petitioner on and from the date of resignation, i.e., 1st January, 2005 till August 2009. The case of the petitioning creditor is that, he was employed as the Secretary to the Chairperson of the Company till 31st December, 1997 and in spite of reaching superannuation continued to discharge his functions till 1st January, 2005 during which time he was in the service of the Company. On 17th December, 1999 the petitioning creditor opted for the pension scheme instead of the ...
Kamal Singh Duggar Vs. Samnuggur Jute Factory Co Limited
Court: Kolkata
Decided on: Jun-18-2014
1 ORDER SHEET GA No.1830 of 2014 APOT No.299 of 2014 CS No.287 of 1995 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE KAMAL SINGH DUGGAR Versus SAMNUGGUR JUTE FACTORY CO LIMITED BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 18th June, 2014. Appearance: Ms.Manju Agarwal with Mr.B.Manot Ld. Advocates for the appellant. Mr.Sudip Deb and Mr.A.K. Ghandi Ld. Advocate for the respondent. The Court :- This appeal would relate to an order dated May 8, 2014 dismissing the suit on the ground of inability on the part of the plaintiff to take steps to make the suit ready for hearing within a reasonable time. The facts would depict, the plaintiff filed the suit in 1995 and then did not take any step to serve the writ of summons upon the defendant. Nineteen years have passed in between. The learned Judge dismissed the suit, in our view, very rightly. However, for ends of justice and following the decision in APD No.230 of 2010 in the case of...
Vesuvius India Ltd. Vs. Monnet Ispat and Energy Limited and anr.
Court: Kolkata
Decided on: Jun-18-2014
ORDER SHEET GA No.1797 of 2014 WITH CS No.239 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE VESUVIUS INDIA LTD.Versus MONNET ISPAT & ENERGY LIMITED & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 18th June, 2014. Appearance : Mr.Soumen Das, Adv.Mr.S.Banerjee, Adv.for the petitioner. Ms.Suprana Mukherjee, Adv.Mr.Debdulal Haldar, Adv.for the defendant. The Court : The application was for extension of time to file additional written statement to the counter claim of the defendant. A period of more than five years has elapsed since the plaintiff was required to file such additional written statement. The present application did not disclose any grounds warranting extension of time. However, the plaintiff is ready with the additional written statement. For the ends of justice the plaintiff is allowed to file the additional written statement subject to payment of cost assessed at Rs.25,000/-. The cost is awarded to compensate the defendant ...
Government of West Bengal, Irrigation and Waterways Directorat Vs. Con ...
Court: Kolkata
Decided on: Jun-18-2014
1 ORDER SHEET GA No.1731 of 2014 APOT No.288 of 2014 CS No.403 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GOVERNMENT OF WEST BENGAL, IRRIGATION & WATERWAYS DIRECTORAT Versus CONSULTING ENGINEERING SERVICES (INDIA)PVT LTD BEFORE: The Hon'ble JUSTICE BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 18th June, 2014. Appearance: Mr.Samrat Sen, Sr.Advocate with Mr.Paritosh Sinha, Mr.Arindam Mondal Ld. Advocates for the appellant. Mr.Surajit Nath Mitra, Sr.Advocate with Mr.Arindam Mukherjee and Mr.Deepak Jain Ld. Advocates for the respondent. The Court Earlier the learned Judge passed an appellant order from of injunction invoking the restraining bank guarantee the State- that the respondent furnished as against the mobilization advance given by the State to execute the subject contract. The respondent pleaded fraud and special equity, in their favour as according to them, State unnecessarily and unusually failed to clear up their outstanding bills f...
Srei Equipment Finance Private Limited Vs. S. L. Logistics Private Lim ...
Court: Kolkata
Decided on: Jun-18-2014
AP No.639 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE PRIVATE LIMITED Versus S.L.LOGISTICS PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 18th June, 2014. Appearance: Mr.S.Banerjee, Adv.Mr.Francis Samson Corrosh, Adv.The Court : Though this petition under Section 9 of the Arbitration and Conciliation Act, 1996, has been pending for over a year, which is generally undesirable since the finance companies seek to have an award executed in couRs.of a pre-reference interlocutory application prior to the award being published, the receiver directed to take possession of the assets covered by the agreement by an order of April 16, 2014, should implement such order and report within a fortnight from date. The exception is made since the respondent or persons willing to make over the payment on behalf of the respondent had obtained considerable time and have failed to make the payment as promised. Even today...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jun-18-2014
ORDER SHEET GA NO.3496 OF2010AID NO.5 OF2010IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : M/S.AVANTI OVERSEAS PVT.LTD.AND M/S.ARJAN IMPEX PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 18th June, 2014. MR.SAYANTAN BASU, MR.SAYAN ROY CHOWDHURY, ADVOCATES FOR PETITIONER MR.RANJAN BACHAWAT,SR.ADVOCATE, MR.RUDRAMAN BHATTACHARYYA, MR.TANMOY ROY, MS.M.DASGUPTA, MS.S.CHATTERJEE, ADVOCATES FOR RESPONDENTS The Court : By this application filed under section 5 of the Limitation Act the applicant herein seeks to condone the delay of 34 days in filing of this application. On 20th September, 2010, AID No.5 of 2010 was dismissed for non-appearance at the second call. In this application an explanation has been given for such non-appearance, namely, that the advocate-on-record of the applicant was suffering ill health since mid September 2010, therefore, she could not attend to the matter when the same was called on. Thereafter when an enquiry was ma...
Srei Equipment Finacne Ltd. Vs. Anis Alimian Pathan and anr.
Court: Kolkata
Decided on: Jun-18-2014
ORDER SHEET GA14292014 APOT2232014 AP14512013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINACNE LTD.Versus ANIS ALIMIAN PATHAN & ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 18th June, 2014. Mr.S.K.Tiwari, Advocate for the appellant. The Court : Despite service by publication of notice, 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.5,30,108/- that is still outstanding. Mr.Tiwaris 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 provided the respondents would make payment of Rs.70,...
Mani Squre Ltd. Vs. Planet M Retail Ltd.
Court: Kolkata
Decided on: Jun-18-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.377 of 2014 MANI SQURE LTD.Versus PLANET M RETAIL LTD.GA No.1406 of 2014 AP No.48 of 2014 MANI SQURE LTD.Versus PLANET M RETAIL LTD.Appearance: Mr.Sarvapriya Mukherjee, Adv...for the petitioner. Mr.Susanta Dutta, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 18, 2014. The Court : A.P.No.48 of 2014 and A.P.No.377 of 2014 are petitions under Section 9 of the Arbitration and Conciliation Act, 1996 filed by the owner or landlord of the Mani Squre complex for orders against the owners of a retail outlet at the shopping mall. An initial order on the earlier application was carried in appeal and modified. Subsequently, orders have been passed on both petitions which are subsisting. An objection was taken on behalf of the respondent retail outlet that the petitions under Section 9 of the 1996 Act could not have been carried to this court since a previous petition under Sec...
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