Kolkata Court July 2014 Judgments
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Src Steels Pvt. Ltd. Vs. State Bank of India
Court: Kolkata
Decided on: Jul-21-2014
ORDER SHEET G.A.No.1693 of 2014 C.S.No.191 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Sr.STEELS PVT.LTD.Versus STATE BANK OF INDIA BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 21st July, 2014. Appearance : Mr.Abrajit Mitra, Sr.Adv.Ms.Noelle Banerjee, Adv.Mr.Dipak Dey, Adv. for the petitioner Mr.Chayan Gupta, Adv.Mr.S.Pal Chowdhury, Adv.for the respondent The Court : This is an application by the plaintiff asking for orders from this Court to enable them to prefer an appeal from a decision of the defendant bank dated 10th July, 2013, refusing to acknowledge the plaintiff as viable. In the General guidelines for rehabilitation of sick Micro or Small Enterprise (MSEs), under the MSMED Act 2006, published by the Reserve Bank of India, there is a provision that such a decision should have the approval of the higher authority. The unit is to be given an opportunity to approach the next higher authority which will consider the case of the promote...
Rubicon Builders Llp Vs. Motijug Agencies Limited and ors.
Court: Kolkata
Decided on: Jul-21-2014
GA No.2099 of 2014 CS No.237 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION RubiCo.Builders LLP Versus Motijug Agencies Limited & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 21st July 2014 Appearance: Mr.Ashis Chakraborty, Advocate Ms.Sananda Mukhopadhyay, Advocate Mr.N.Misra, Advocate for the plaintiff Mr.Jishnu Choudhury, Advocate Mr.S.Bhattacharya, Advocate for the defendant The Court: The claim of the plaintiff is founded on three agreements for sale, all dated 31st December 2010. Under these agreements the defendants agreed to transfer to the plaintiff a property situated at 10/4C, Gavinda Chandra Khatick Road, Kolkata 700046 for about Rs.8,74,01,000/-. The suit is for specific performance of these agreements. Mr.Chakraborty, learned advocate for the plaintiff wants a Special Officer to be appointed to visit the property and make an inventory thereof. Mr.Choudhury, learned advocate representing the defendant draws my attention to a letter dated 27...
Mr. Sunil Singhania, Ad Vs. …for the Petitioner
Court: Kolkata
Decided on: Jul-21-2014
ORDER SHEET CP No.172 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE SREE METALIKS LTD.AND IVR CRANES BEFORE: The Hon'ble JUSTICE PATHERYA Date : 21st July, 2014. Mr.D.N.Sharma, Mr.Sunil Singhania, Adversus for the petitioner Mr.Rupak Ghosh, Ms.Bitika Kaur, Adversus for the company The Court : This application has appeared at the post advertisement stage. By order dated 27th February, 2014, C.P.172 of 2013 was admitted and an opportunity given to the company to make payment in monthly instalments. No appeal has been filed from the said order but a modification application was filed and the said application was also dismissed on 5th June, 2014. No appeal has also been filed from the order dated 5th June, 2014. For non-payment of instalment, advertisement was published and thereafter at the post advertisement stage this matter appeared when direction was given to the company for filing affidavit. Such affidavit has been filed. In the affidavit filed by the comp...
iic Container Line Ltd Vs. Trans Asian Shipping Services (P) Ltd
Court: Kolkata
Decided on: Jul-21-2014
ORDER SHEET ACO1242014 APOT3592014 CP1502014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE IIC CONTAINER LINE LTD Versus TRANS ASIAN SHIPPING SERVICES (P) LTD BEFORE: The Hon'ble MR.JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 21st July, 2014. Mr.Ramesh Kumar Chowdhury, Advocate Mr.Protyush Chatterjee, Advocate for the appellant. Ms.Manju Bhuteria, Advocate Ms.Arpita Saha, Advocate Ms.Atasi Sarkar, Advocate for the respondent. The Court : This appeal would arise out of an order of the winding-up petition. From the order it appeaRs.the same was passed almost on concession. Now, after the change of lawyer, the company has preferred an appeal. Mr.Ramesh Kumar Chowdhury, learned Counsel appearing for the appellant would contend, substantial part of the claim is barred by laws of limitation. On the letter of indemnity he would submit, when the claim was barred by laws of limitation, question of indemnity would not arise. In any...
Mr Arnab Basu and ors. Vs. Monginis Foods Pvt. Ltd.
Court: Kolkata
Decided on: Jul-21-2014
ORDER SHEET GA No.2188 of 2014 CS No.236 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MR ARNAB BASU & ORS.Versus MONGINIS FOODS PVT.LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 21st July, 2014. Appearance: Mr.Sudipto Sarkar, Sr.Adv.Mr.T.K.Bose, Sr.Adv.Mr.A.K.De, Adv.Mr.S.N. Mookerjee, Sr.Adv.Mr.Ranjan Bachawat, Sr.Adv.Mr.Ratnanko Banerjee, Sr.Adv.Mr.Sayan Roychowdhury,Adv.Mr.F.Sagar, Adv.Mr.Paritosh Sinha, Adv.Mr.K.K.Pandey, Adv.Ms.Aparna Banerjee, Adv.Ms.Manisha Gupta, Adv.The Court: At the outset I would like to observe that there was some substance in the submission of Mr.Sudipto Sarkar, learned Senior Advocate, that the defendant did not have adequate notice of the exact day this application would be moved in this Court. The defendant has all the papers now and has come to oppose continuance of the ex parte interim order. According to the fiRs.plaintiff, he has a perpetual licence to manufacture and sell short shelf life and long she...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-21-2014
ORDER SHEET CA2732008 CA462013 BIFR2781988 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN RE: DEBIKAY ELECTRONIC INDUSTRIES LTD.(IN LIQN.) BEFORE: The Hon'ble JUSTICE PATHERYA Date : 21st July, 2014. Ms.M.Bhutoria, Adv., for petitioner. Mr.R.Chowdhury, Adv., for Debikay Electronics Industries. Mr.T.Bose, Sr.Adv., with Mr.R.Chowdhury, Adv., for the official liquidator. Mr.K.K.Boral, Adv., for KOPT. Mr.J.Saha, Sr.Adv., for Sheoratan Agarwal. The Court : Sundry creditors wherever appearing in the order dated July 11, 2014 be corrected to sundry debtors. Let July 8, 2013 be also inserted after June 12, 2013 in the second sentence of the 1st paragraph of order dated July 11, 2014. Let these corrections be incorporated in the order dated July 11, 2014. This day, the Manager, IDBI Bank, Brabourne Road Branch, is present in court and has handed to court the statement of account of the company (in liquidation).The Manager is directed to inform the court on the next date of...
Bijoy Besra and ors. Vs. Biswajit Maji and anr
Court: Kolkata
Decided on: Jul-21-2014
ORDER SHEET GA No.1999 of 2014 GA No.2000 of 2014 GA No.2001 of 2014 APOT No.324 of 2014 WP No.1190 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BIJOY BESr.& ORS.Versus BISWAJIT MAJ.& ANR BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 21st July, 2014 Mr.Soumya Majumder, Adv.with Mr.Prateep Bera, Adv ..for the appellants Mr.Partha Ghosh, Adv..for the respondents Mr.Subrata Ganguly, Adv..for the respondent nos.6 & 7 Mr.Anubhav Sinha, Adv.with Ms.Anchita Barman Ray, Adv..for the ECL Ref: G.A.No.2000 of 2014 The applicants herein have prayed for leave to prefer an appeal from the judgment and order dated 31st March, 2014 passed by a learned Judge of this Court in WP No.1190 of 2013 (Biswajit Maji & Anr. Versus The Coal India Limited & Ors.).By the aforesaid order dated 31st March, 2014, the learned Single Judge of this Court disposed of the writ petition finally upon specifically observing that the...
Ranjana Dutta Vs. O/L and ors.
Court: Kolkata
Decided on: Jul-21-2014
ORDER SHEET ACO1232014 APOT3582014 CP911973 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE IN THE MATTER OF : NATABAR DUTTA PROPERTIES PRIVATE LTD.[IN LIQN.].AND RANJANA DUTTA -VSO/L & ORS.BEFORE: The Hon'ble MR.JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 21st July, 2014. Mr.Mainak Bose, Advocate Mr.Kumarjit Das, Advocate Mr.Soumava Basu, Advocate Mr.Ankur Jain, Advocate for the appellant. Mr.Jayanta Kumr Mitra, Senior Advocate Mr.Ratnanko Banerji, Senior Advocate Mr.Prithiraj Sinha, Advocate Mr.O.P.Jhunjhunwala, Advocate Mr.Sachin Shukla, Advocate for the respondent no.3. Mrs.Smita Das De, Advocate for the Official Liquidator. The Court : We are again faced with a problem in Natabar Dutta Properties Private Limited in liquidation. This would relate to premises no.235, Maharshi Debendra Road, Kolkata which is in possession of various occupants including Krishna Chandra Dutta (Spice) Private Limited. Krishna Chandra Dutta w...
Shib Sankar Dey Vs. Amit Dutta and anr.
Court: Kolkata
Decided on: Jul-18-2014
ORDER SHEET ACO952014 ACO972014 APOT2672014 CP911973 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SHIB SANKAR DEY Versus AMIT DUTTA & ANR. BEFORE: The Hon'ble MR.JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 18th July, 2014. Mr.Srijib Chakraborty, Advocate Mr.Soumya Ray, Advocate for the appellant. Mr.Dhruba Ghosh, Advocate for the respondent. Mrs.Smita Das De, Advocate for the Official Liquidator. The Court : The appellant would claim, he was in the property since 1987. He would admit, he has been put to possession as licensee by one of the erstwhile directors of the company in liquidation. Pertinent to note, the property would belong to the company that went into liquidation in 1974. The learned Counsel in his usual fairness would admit, he never paid any occupational charge to the Official Liquidator except for last two months pursuant to the order of the Court. The learned Judge directed his eviction that the appellant...
United Arab Bank Vs. Rei Agro Ltd.
Court: Kolkata
Decided on: Jul-18-2014
TA No.124 of 2014 T No.263 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNITED ARAB BANK Versus REI AGRO LTD.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 18th July, 2014. Appearance: Mr.Sudipto Sarkar, Sr.Advocate Mr.Dhruba Ghosh, Advocate Mr.S.Chakraborty, Advocate for the petitioner Mr.S.N.Mookerji, Sr.Advocate Mr.Tilak Bose, Sr.Advocate Mr.P.Sinha, Advocate Mr.S.Mitra, Advocate Mr.S.Chowdhury, Advocate Mr.D.Ghosh, Advocate for the respondent The Court: The plaintiff is the lender. An organisation by the name of Ammalay is the borrower. The defendant is the guarantor. Mr.Sarkar, learned Senior Advocate for the plaintiff, amongst many other things placed a Memorandum of Settlement dated 12th June, 2014 between the parties where a payment schedule was agreed upon for payment of the dues of the plaintiff. According to him, only the fiRs.installment was paid on 12th June, 2014. He relies on clause 9 of the Memorandum and argues that since ther...
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