Kolkata Court July 2014 Judgments
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Rika Global Impex Ltd. Vs. the Owners and Parties Interested
Court: Kolkata
Decided on: Jul-18-2014
ORDER SHEET GA NO.2215 of 2014 AS No.12 of 2014 IN THE HIGH COURT AT CALCUTTA Admiralty Jurisdiction ORIGINAL SIDE` IN THE MATTER OF:RIKA GLOBAL IMPEX LTD.Versus THE OWNERS AND PARTIES INTERESTED IN THE VESSEL M.V.KOTA DUNIA & ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 18th July, 2014. Appearance: Mr.Promit Roy, Sr.Adv.and Mr.Sarada Harihara, Adv..for the plaintiff. Mr.Swatarup Banerjee, Advocate, Mr.Subhojit Roy, Advocate with Mr.Rohit Mukherji, Advocate..for defendant no.2. The Court :-In a suit for a money decree this application has been filed for interim relief. The case of the petitioner is that goods were booked by M.V.Kota Gemar for discharge at Messawa, Eritrea. The goods reached the Port of Discharge and out of 455 containers 405 containers were released against payment. Goods contained in 50 containers were handed by Therefore, this application the defendant has been No.2 filed without and the payment. petitioner seeks arrest of M.V.Kota Dunia, a sister ship of M.V.Kot...
Ajay Kumar Rathod Vs. Ranbaxy Laboratiories Ltd.
Court: Kolkata
Decided on: Jul-18-2014
ORDER SHEET G.A.No.1165 of 2012 With C.S.No.151 of 2010 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AJAY KUMAR RATHOD Versus RANBAXY LABORATIORIES LTD.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 18th July, 2014. Appearance: Mr.Abrajit Mitra, Adv.Mr.Jishnu Chowdhury, Adv.Mr.M.M.Chandra, Adv. for the respondent/plaintiff Mr.Sandip Kumar Bhattacharya, Adv. for the petitioner/defendant The Court: In a suit for eviction and mesne profit, an application under Chapter XIIIA of the Original Side Rules was filed by the plaintiff. The plaintiff obtained a decree for eviction. The defendant preferred an appeal. The appeal was dismissed. A Special Referee was appointed for the purpose of computation of mesne profit. The Special Referee submitted his report. Being aggrieved by such report the plaintiff applied for taking exception thereto. Such application was allowed on July 7, 2014. The period of compensation was extended by the order dated July 7, 2014. ...
Ms. Shomrita Das, Ad Vs. …for the Petitioner
Court: Kolkata
Decided on: Jul-18-2014
ORDER SHEET CP No.217 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE BARNAPARICHAY BOOK MALL PVT.LTD.ANDKAMAL KUMAR LIHALIA BEFORE: The Hon'ble JUSTICE PATHERYA Date : 18th July, 2014. Mr.Sanjib Kr. Mal, Ms.Shomrita Das, Adversus for the petitioner Mr.Suman Kumar Dutt, Adv.Mr.Niladri Khanra, Adv.for the company The Court : In this winding up application the claim arises on account of sums outstanding for services rendered. The case of the petitioning creditor is that a concrete pump was given on hire to the company initially for a period of three months but was subsequently extended impliedly. Sums were also paid and TDS deducted. Therefore it is only after 25th February, 2013 till May, 2013 that no payment was made and for the said sum demand was made. When the demand was not honoured statutory notice was issued on 24th June, 2013 to which a reply has also been given. The only defence taken by the company is with regard to the excess payment made but in vie...
Sri Nemai Chandra Chattopadhyay Vs. M.Comm.Siksha Bharati (J.R.)high S ...
Court: Kolkata
Decided on: Jul-18-2014
ORDER SHEET GA13582014 APOT6682000 WP17701998 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Sr.NEMAI CHANDRA CHATTOPADHYAY Versus M.COMM.SIKSHA BHARATI (J.R.)HIGH SCHOOL BEFORE: The Hon'ble MR.JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE DEBANGSU BASAK Date : 18th July, 2014. Appearance : Mr.Ananta Kumar Shaw, Advocate Mr.Mainak Ganguly, Advocate for the applicant. The Court : This is an appeal of 2000 arising out of an order passed in a writ petition in 1998. We dismissed the appeal on November 25, 2013 when nobody appeared in the appeal. The papers were not traceable in the department. On April 29, 2014 the appellant filed an application for restoration. Mr.Ananta Kumar Shaw, learned Counsel appearing in support of the application would submit, the applicant is a dismissed employee. He was successful in getting the order of dismissal set aside before the Appellate Board. However, the learned Judge upset the said decision as a result, he was co...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-18-2014
ORDER SHEET CP NO.250 OF2014IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : ROSEMERY COMMERCIAL PVT LTD AND ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 18th July, 2014. MR.RATNANKO BANERJEE,SR.ADVOCATE, MR.D.N.SHARMA, MR.S.S.BOSE, MS.RUSHA SAHA, ADVOCATES FOR PETITIONER MR.NISITH MUKHERJEE,ADVOCATE FOR U.O.I.The Court : Two objections have been raised by the Central Government. The fiRs.objection relates to non-filing of statutory returns with the Registrar of Companies, West Bengal which, according to the applicants, was filed on 13th November, 2013 and 21st November, 2013. Copies of such returns filed are handed to the counsel for the Central Government. The valuer has also specifically stated in his report that the authorized capital so also the preferential shares have been considered in computing the exchange ratio. No shareholder has also challenged the valuation. Although the said document was in public domain and inspection thereof coul...
M/S. P. Roy Chowdhury and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Jul-18-2014
W.P.No.586 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.P.ROY CHOWDHURY & ANR. Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date : 18th July, 2014. For Petitioners : Mr.R.K.Chowdhury, Advocate Ms.Saswati Joardar, Advocate and Mr.Protyush Chatterjee, Advocate For Respondents : Mr.Sanajit Kr.Ghosh, Advocate The Court : The fiRs.petitioner was a party to an arbitral dispute decided by the Honble Justice S.N.Mallick (Retd.).the sole arbitrator. It is claimed that the signed copy of the award dated 28th January, 2011 has not been furnished by the arbitrator to the petitioners in compliance with the statutory mandate in Section 31(5) of the Arbitration and Conciliation Act, 1996, which has disabled them to apply under Section 34 thereof before the relevant Court. By filing this writ petition, the petitioners voice a grievance that the Railway, being the other party to the arbitral dispute, taking advantage of the situation...
Fairdeal Supplies Ltd Vs. Uco Bank
Court: Kolkata
Decided on: Jul-18-2014
ORDER SHEET G.A.No.1725 of 2014 C.S.No.187 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE FAIRDEAL SUPPLIES LTD Versus UCO BANK BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 18th July, 2014. Appearance : Mr.Abhrajit Mitra, Sr.Adv.Ms.Neolla Banerjee, Adv. for the petitioner Mr.Rajashi Dutt, Adv.Mr.S.Roy, Adv. for the UCO Bank The Court : The plaintiff is aggrieved by a notice dated March 13, 2014 issued by the defendant identifying the plaintiff as wilful defaulter. The plaintiff contends that the notice is not in accordance with Rule 3 of the Master Circular on wilful defaulters issued by the Reserved Bank of India. For the sake of convenience Rule 3 is reproduced herein:- 3. Grievances Redressal Mechanism Banks /Fls should take the following measures in identifying and reporting instances of wilful default: (i) (ii) (iii) (iv) (v) With a view to imparting more objectivity in identifying cases of wilful default, decisions to classify the b...
Shree Krishan Binani and anr. Vs. Progressive Constructions Limited
Court: Kolkata
Decided on: Jul-18-2014
GA No.1840 of 2014 CS No.202 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SHREE KRISHAN BINANI & ANR. Versus PROGRESSIVE CONSTRUCTIONS LIMITED BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 18th July, 2014. Appearance: Mr.Suman Dutta, Adv.Mr.Kumar Gupta, Adv.Mr.Rajesh Kupta, Adv.Mr.Ramesh Dhara, Adv.The Court : The plaintiffs have a money claim against the defendant. The plaintiffs are moving this interlocutory application ex parte to secure their claim as they are apprehensive that if the defendant is put on notice, it will remove all its assets and monies from bank accounts. The plaintiffs supplied structural steel and other building materials to the defendant. It is stated that such materials are being used by the defendant in a project of the National Highways Authority of India. The value of the goods supplied by the plaintiffs was Rs.2,77,67,888/-. Out of this, a principal sum of Rs.54,77,168/- is still due and payable by the defendant to the pla...
Aloka Basu and anr. Vs. Sovana Mitra and ors.
Court: Kolkata
Decided on: Jul-18-2014
GA No.1930 of 2014 CS No.1583 of 1962 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ALOKA BASU & ANR. Versus SOVANA MITRA & ORS.BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 18th July, 2014. Appearance: Mr.Sakya Sen, Sr.Adv.Mr.Priyankar Saha, Adv.Mr.C.K. Dutta, Adv.Mr.Mainak Bose, Adv.The Court : In this partition suit the concerned property situated at Rabindra Sarani, Kolkata was sold to the present applicant under orders of Court. By an order dated 30th April, 2012 I.P.Mukerji, J. directed inter alia as follows: In another meeting which may be held just after the meeting mentioned above or on a separate day the terms and conditions of the proposed agreement/conveyance with regard to the Rabindra Sarani property may be prepared in consultation with the parties along with the intending purchaser, Mr.Ashok Kumar Shaw. Mr.Ashok Kumar Shaw will furnish a draft agreement/conveyance by 11th May, 2012. The Receiver/Commissioner is to file a report enclosing the dra...
Poddar Projects Ltd. Vs. S.S. News Pvt. Ltd.
Court: Kolkata
Decided on: Jul-18-2014
GA No.2035 of 2014 CS No.222 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PODDAR PROJECTS LTD.Versus S.S.NEWS PVT.LTD.Appearance Mr.Ranjan Deb, Sr.Adv.Mr.Rajesh Gupta, Adv.Mr.S.Sarkar, Adv.Mr.Meghjit Mukherjee, Adv.Mr.Aniruddha Roy, Mr.Nirmalya Dasgupta, Mr.Dibanath Dey, Mr.A.Basu, Adv.Adv.Adv.Adv.BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 18th July, 2014. The Court : At the outset, Mr.Ranjan Deb, learned Senior Advocate, states that only yesterday his client has been informed that the name of the defendant/ respondent has been changed from S.S.News Private Limited to Magic Deal India Private Limited. This change was effected before the suit was filed but was not within the knowledge of the plaintiff. He prays for correction of the cause title of the plaint and the petition accordingly. Mr.Aniruddha Roy, learned Counsel for the defendant, very fairly does not oppose such prayer. Accordingly, let the cause title of the plaint and the p...
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