Kolkata Court June 2014 Judgments
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Union of India Vs. Civcon Construction Pvt. Ltd.
Court: Kolkata
Decided on: Jun-18-2014
ORDER SHEET GA16982014 APOT1722014 AP1722004 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE UNION OF INDIA Versus CIVCo.CONSTRUCTION PVT.LTD.BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 18th June, 2014. Mr.Partha Sarathi Bose, Senior Advocate Mr.Dipanjan Datta, Advocate for the appellant. Mr.Ratnanko Banerji, Senior Advocate Mr.Saunak Mitra, Advocate Mr.Tarun Aich, Advocate for the respondent. The Court : The respondent in this appeal got an award for Rs.42.53 lakhs together with interest at the rate of 8 per cent per annum. The Arbitrator awarded the sum on January 12, 2004. The appellant filed an application for setting aside that was kept pending for a decade. Twice it was dismissed, once in 2007 and then in 2012. When the appellant faced the fiRs.order of dismissal, at their instance the learned Judge restored the same upon deposit of a sum of Rs.20 lakhs as security. When the appellant faced the second order ...
Srei Equipment Finance Ltd. Vs. Ashok Kumar and anr.
Court: Kolkata
Decided on: Jun-18-2014
ORDER SHEET GA15302014 APOT2402014 AP522014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD.Versus ASHOK KUMAR & ANR. BEFORE: The Hon'ble JUSTICE ASHIM KUMAR BANERJEE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 18th June, 2014. Ms.Bitika Kaur, 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.7.50 lakhs that is still outstanding. Ms.Kaurs 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.1 lakh initial...
Ruby Bhattacharyya Vs. State of West Bengal and Others
Court: Kolkata
Decided on: Jun-17-2014
ORDER SHEET WP2102012 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE RUBY BHATTACHARYYA Versus STATE OF WEST BENGAL AND OTHERS BEFORE: The Hon'ble JUSTICE ASHIM KUMAR ROY Date : 17th June, 2014. Mr.Sadhan Kumar Halder, Advocate for the State-respondent. The Court : By an order passed on April 17, 2012 in connection with this matter leave was granted to the State-respondent to file the affidavit-inopposition one week after reopening of the Court after the Summer Vacation. However, no affidavit was filed. Then again on 27th of January, 2014 liberty was granted to the State-respondent to file affidavit within four weeks thereafter. Still no affidavit was filed. Then on 31st of March, 2014 once again leave was granted to file affidavit-in-opposition within four weeks. Today, on 17th of June, 2014 when this matter is taken up for hearing, it appears that no affidavit has been filed. The leave to file affidavit was granted on 17th of April, 2012. Already more th...
Rashmi Metaliks Limited Vs. West Bengal Minerals Development and Tradi ...
Court: Kolkata
Decided on: Jun-17-2014
IN THE HIGH COURT AT CALCUTTA ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AP No.493 of 2014 RASHMI METALIKS LIMITED -VERSUSWEST BENGAL MINERALS DEVELOPMENT & TRADING CORPORATION LIMITED AND ANOTHER For the Petitioner: Mr S.N.Mookherjee, Sr Adv., Mr Sabyasachi Chowdhury, Adv., Mr Bhaskar Mukherjee, Adv., Ms Debjani Ghosh, Adv.For the Respondent No.1: Mr Ashoke Banerjee, Sr Adv., Mr Soumya Dutta, Adv., Mr Pinaki Brata Ghosh, Adv.For the Respondent No.2: Mr R.S.De, Adv.Hearing concluded on: June 13, 2014. BEFORE SANJIB BANERJEE, Judge Date: June 17, 2014. SANJIB BANERJEE, J. : This request under Section 11 of the Arbitration and Conciliation Act, 1996 has been carried to the Chief Justice or his designate upon the petitioners invitation for the constitution of an arbitral tribunal being rejected by the fiRs.respondent. The second respondent was duly served the letter of invocation of January 16, 2014, but it did not respond thereto. The second respondent has been served the papers pertaini...
Tanima Ghosh and ors. Vs. Gitarani Ghosh and ors.
Court: Kolkata
Decided on: Jun-17-2014
ORDER SHEET GA NO.2943 OF2013WITH CS NO.356 OF1994GA NO.117 OF2013GA NO.18 OF2013GA NO.3651 OF2013IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TANIMA GHOSH & ORS.Versus GITARANI GHOSH & ORS. BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 17th June, 2014. Mr.C.K.Saha, Mr.S.Chatterjeeappear. Mr.A.MitraappeaRs.The Court : The report of the Special Officer is taken on record. There is default in compliance with the order dated 31st March, 2014. Mr.Mitras clients, the third and fourth group of defendants have not paid to the plaintiffs the daily payment of Rs.500/- per day required to be made by them in terms of the existing orders of this Court. It appears that such default is continuing from 31st March, 2014. Mr.Mitra submits that this default is because the licenses for the shops are held by the plaintiffs namely, Trade licence, Food licence, Health licence and Police licence. I make it clear that the above group of defendants has to clear their payment...
Puran Mal Agarwal Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-17-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Dr. Sambuddha Chakrabarti June 17, 2014 WP512of 2013 Puran Mal Agarwal versus The State of West Bengal & ORS.Ms.Nibedita Pal, Advocate with Mr.Ramesh Dhara, Advocate Mr.Ananda Mukherjee, Advocate for the petitioner Mr.A.M.Sabir, Advocate for the State The Court :- This has been mentioned by the learned Advocate for the petitioner upon notice to the learned Advocate for the State. By an order dated May 13, 2014 I dismissed the writ petition as I did not find any merit in it. Ms.Pal submits that there has been typographical mistake in the second paragraph of the fiRs.page of the order. The last sentence of the second paragraph of that page inter alia recorded that the petitioner wanted about 1000 more cards. She submits that there has been a typographical mistake that 1000 should be 4000. I have perused the petition and I find substance in the submission of the petitioner. Let typogr...
Selvel Advertising Private Limited and anr. Vs. Naba Diganta Industria ...
Court: Kolkata
Decided on: Jun-17-2014
AP No.841 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SELVEL ADVERTISING PRIVATE LIMITED & ANR. Versus NABA DIGANTA INDUSTRIAL TOWNSHIP AUTHORITY BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 17th June, 2014. Appearance: Mr.Samit Talukdar, Sr.Adv.Mr.Sandipto Bose, Adv.Mr.Pradeep Sancheti, Adv.Ms.Ankita Mukherjee, Adv..for the petitioners Mr.Ashok Kr. Banerjee, Sr.Adv.Mr.Abhratosh Majumdar, Adv.Mr.J.Chowdhury, Adv.Mr.Sandip Das Gupta, Adv.Mr.Arnab Sarkar, Adv..for the respondent The Court : There is no dispute between the parties as to the existence of the arbitration agreement and the fact that there are live disputes between the parties covered thereby. By a letter of March 5, 2014, the petitioners invoked the arbitration agreement contained in the matrix contract of January 15, 2007. The petitioners say that though the petitioners ought to have named only the petitioners nominee on the arbitral tribunal of three, the petitioners named...
M/S Swamina International Pvt Ltd and anr. Vs. Income Tax Settlement C ...
Court: Kolkata
Decided on: Jun-17-2014
ORDER SHEET W.P.No.431 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S SWAMINA INTERNATIONAL PVT LTD & ANR. Versus INCOME TAX SETTLEMENT COMMISSION (IT& WT) & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 17th June, 2014. Appearance : Mr.J.P. Khaitan, Sr.Adv.Md.Nizamuddin, Adv.The Court : The order of the Settlement commission passed under Section 245D(IV) of the Income Tax Act 1961 by which the settlement commission enhanced the liability shown by the petitioner in an application under Section 245C of the said Act. It is strenuously argued by Mr.Khaitan, learned advocate for the petitioners that the settlement commission has no jurisdiction and /or power to enhance the liability against the admitted liability shown in the said application. It is further submitted that though the settlement commission is bestowed with the power of the assessing officer, but such power is not independent but is restricted to settlement commission proceedin...
L and T Finance Ltd. Vs. Shyamlal Agarwal and anr.
Court: Kolkata
Decided on: Jun-17-2014
AP No.821 of 2014 AP No.822 of 2014 AP No.855 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction L & T FINANCE LTD.Versus SHYAMLAL AGARWAL & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 17th June, 2014. Ms.Manali Bose, Adv.appears The Court : The respondents are not represented despite service. These three matters are connected and the previous petitions under Section 9 of the Arbitration and Conciliation Act, 1996 in respect of these matters were disposed of on February 25, 2014 pursuant to a settlement between the parties. The petitioner says that though the respondents were liable to pay a sum in excess of Rs.27 lakh under the settlement terMs.a payment of slightly over Rs.11 lakh has been tendered. The petitioner refers to the order dated February 25, 2014 that gave the petitioner liberty to seek confiscation of the assets covered by the agreements in the event cheques made over by the respondents were dishonoured. Though the petitioner cannot ind...
B.K. Enclave Pvt. Ltd. Vs. Lila Sur and ors.
Court: Kolkata
Decided on: Jun-17-2014
AP No.474 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE B.K.ENCLAVE PVT.LTD.-VersusLILA SUR & ORS.Appearance: Mr.Rupak Ghosh, Adv...for the petitioner. Ms.Somashree Saha, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : June 17, 2014. The Court : The grievance of the petitioner is that the third arbitrator, on a panel of three, has not been named by the two nominees of the parties despite the later nominee having been nominated in July, 2013 by the respondent. An issue of limitation is raised by the respondent. The respondent says that the arbitration agreement was originally invoked in the year 2006 upon the petitioner complaining of disputes having arisen in terms of a development agreement of the year 2002. According to the respondent, the petitioner only nominated its arbitrator on the arbitral tribunal of three but did not take any steps thereafter for a considerable period of time. The respondent claims that i...
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