Kolkata Court July 2014 Judgments
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Nand Kishore Singhla Vs. the Official Liquidator, High Court
Court: Kolkata
Decided on: Jul-15-2014
1 ORDER SHEET APO No.88 of 2014 CP No.116 of 1996 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE In the Matter of : REMINGTON RAND OF INDIA LIMITED (In Liquidation) NAND KISHORE SINGHLA Versus THE OFFICIAL LIQUIDATOR, HIGH COURT BEFORE: The Hon'ble JUSTICE BANERJEE,ACTING CHIEF JUSTICE, The Hon'ble JUSTICE ARIJIT BANERJEE Date : 15th July, 2014. Appearance: Mr.V.N.MiSr.with Mr.Kuldip Mallick Ld. Advocates for the appellant. Mr.Anirudhya Roy, ld. Advocate For the Workers Union. Ms.Ruma Sikdar, ld. Advocate for The Official Liquidator, High Court. The Court :- Remington Rand of India Limited, the Company, went in liquidation by an order dated December 6, 1999. The present appeal would relate to a property at Faridabad that was being enjoyed by the Company under an indenture of lease that expired by efflux of time in 1974 as eviction claimed suit in by the 1984. landlord. However, The the landlord landlord filed lost. an That decree was set aside by the Apex Cour...
Anjali Dealers Private Limited Vs. Anjali Bose and anr.
Court: Kolkata
Decided on: Jul-15-2014
ORDER SHEET GA2400of 2013 With CS279of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANJALI DEALERS PRIVATE LIMITED Versus ANJALI BOSE & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 15th July, 2014. Mr.Rishad Medora, Adv.Mr.Santosh Kumar Ray, Adv.Ms.Bitika Kaur, Adv..for the plaintiff. Mr.Ranjan Bachwat, Sr.Adv.Mr.Sukrit Mukherjee, Adv.Mr.S.Chowdhury, Adv..for the defendant no.2. The Court: In a suit for recovery of money the plaintiff has applied for attachment before judgement and injunction. The application was considered on diveRs.dates. Initially an order of injunction passed on August 14, 2013 which was extended from time to time. On the defendants appearing in such application on September 30, 2013 and considering the respective submissions made on behalf of the parties the subsisting interim order of injunction was vacated by finding that the plaintiff failed to make out a prima facie case and the case did not merit an injunctio...
Probir Kumar Das Vs. Pradip Kumar Das
Court: Kolkata
Decided on: Jul-15-2014
ORDER SHEET GA No.1995 of 2013 WITH CS No.222 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PROBIR KUMAR DAS Versus PRADIP KUMAR DAS BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 15th July, 2014. Appearance : Mr.Sabyasachi Chowdhury, Adv.Mr.Sayantan Bose, Adv.for the petitioner Mr.D.Ghosh, Adv.Mr.B.Das, Adv.for the defendant The Court : In a suit for partition an application was made for injunction and for preliminary decree. An interim order dated July 25, 2013 was passed restraining the parties from dealing with or disposing of or encumbering or parting with possession of the suit premises. The interim order was passed in presence of the parties to the suit. The application came up for final hearing before me. Mr.D.Das, learned advocate appeared on behalf of the defendant and filed affidavit-in-opposition. The plaintiff filed affidavit-in-reply. On the previous day when the application was taken up none appeared for the defendant. I brou...
R.D. Fan Ltd. Vs. Parekh Aluminex Ltd. and ors.
Court: Kolkata
Decided on: Jul-15-2014
ORDER SHEET G.A.No.1676 of 2013 With C.S.No.180 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE R.D.FAN LTD.Versus PAREKH ALUMINEX LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 15th July, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Ms.R.Kajaria, Adv.Mr.S.Mukherjee, Adv.Mrs.S.Sharma, Adv.Mr.S.Ghose, Adv. for the plaintiff Mr.Suman Dutta, Adv. for the respondent no.1 Mr.Rajesh Upadhyay, Adv. for the respondents Mr.Jayjit Ganguly, Adv.Mr.T.Quasimuddin, Adv. for the respondent Nos.2 and 3 Mr.Aryak Dutt, Adv.Mr.Dipankar Das, Adv. for the IOB The Court: In a suit for recovery of money lent and advanced by the plaintiff to the defendants, the plaintiff applied for judgment on admission, security and injunction. On the application being moved an interim order dated June 17, 2013 was passed. The defendants were restrained from dealing with, alienating, disposing of, transferring or encumbering its assets or properties till the disposal of th...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-14-2014
ORDER SHEET CP648/2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : AJANTA LEATHER FASHIONS PVT.LTD.-ANDVINAY CHOJAR AND ANR. BEFORE: The Hon'ble JUSTICE PATHERYA Date : 14th July, 2014. Mr.L.R.Mondal, Adv.appeaRs.Mr.A.Sinha, Adv.appeaRs.The Court : This winding up application arises for payment of price of the goods sold and delivered. The case of the petitioner is that for the goods supplied, bills were raised which bills so also the goods had been received by the company. Part payment of Rs.1 lakh was made prior to issuance of the statutory notice; but as the balance sum remained outstanding, a statutory notice was issued on May 27, 2013. paid. After issuance of the statutory notice, Rs.1.50 lakh has been It is for the balance sum that the company petition, therefore, be admitted as no sum has been paid in respect thereof. Counsel for the company submits that after issuance of the statutory notice, a settlement took place between the parties a...
Nikhil Nischal Bagree Vs. Bagree Estate Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Jul-14-2014
1 CS142of 2004 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE NIKHIL NISCHAL BAGREE VERSUS BAGREE ESTATE PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 14TH JULY, 2014. Mr.R.R.Sen,Advocate appears Mr.Amitava Das,Advocate appears The Court : - After considering the suggested issues filed by the parties and the pleadings, the following issues are settled and set down for trial :1) Is the suit maintainable at the instance of the plaintiff ?.2) Does the suit disclose any cause of action and in any event and in the alternative does the suit survive with the demise of the original plaintiff No.1 ?.3) Is the plaintiff entitled to a declaration that all the tenancies, leases, leave and licences, change in the names of tenants and third party interests created by the defendant No.2 and the original defendant No.3 in the name of the defendant No.1 since 31st May,2001 are against the interest of the defendant No.1 and are illegal, null and void ?.4) Is the plaintiff entitled to a declar...
Virgo Softech Ltd. and anr. Vs. Srei Equipment Finance Ltd.
Court: Kolkata
Decided on: Jul-14-2014
ORDER SHEET GA21102014 APOT3282014 AP15392013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE VIRGO SOFTECH LTD.& ANR. Versus SREI EQUIPMENT FINANCE LTD.BEFORE: The Hon'ble MR.BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 14th July, 2014. Mr.Mohit Gupta, Advocate Advocate for the appellant. Mr.Kaushik Chatterjee, Advocate Ms.Ruby Jaiswal, Advocate for the respondent. The Court : The appellants obtained appropriate financial support from the respondent to have various equipments required for IT Sector. The money was not paid. The appellants would contend, their money is blocked with the Central Government in the Aadhar Scheme. A sum of Rs.9 crores and odd is due and payable from the Central Government. The respondent would get only Rs.2.97 crores as would appear from page 157 of the application for stay. The learned Judge appointed Receiver to take charge of all the assets that the appellant purchased with the financial support from t...
Saregama India Ltd. Vs. Moviebox Megastores International Ltd. and anr ...
Court: Kolkata
Decided on: Jul-14-2014
ORDER SHEET G.A.No.2350 of 2013 With C.S.No.273 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SAREGAMA INDIA LTD.Versus MOVIEBOX MEGASTORES INTERNATIONAL LTD.& ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 14th July, 2014. Appearance: Mr.Soumya Ray Chowdhury, Adv.Mr.Goutam Banerjee, Adv. for the petitioner Mr.Sarvaprya Mukherjee, Adv. for the respondents The Court: In a suit for perpetual injunction and damages for infringement of Copyright the plaintiffs application for injunction was taken up for consideration. Such application received consideration of the Court on August 8, 2013 when an interim order in terms of prayer (a) of the Notice of Motion was granted till August 21, 2013. By an order dated August 19, 2013 such interim order passed earlier was modified by directing the same to continue against the defendant no.2. So far as the defendant no.1 was concerned, it was restrained from causing any display of songs and films in ques...
The Oriental Insurance Company Limited Vs. Ai Champdany Industries Lim ...
Court: Kolkata
Decided on: Jul-14-2014
GA No.2080 of 2014 AP No.607 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction THE ORIENTAL INSURANCE COMPANY LIMITED Versus AI CHAMPDANY INDUSTRIES LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 14th July, 2014. Appearance: Mr.Abrojit Mitra, Sr.Adv.Mr.Chayan Gupta, Adv.Mr.S.Chowdhury, Adv.Mr.Jishnu Saha, Sr.Adv.Mr.S.E. Huda, Adv.The Court: Sufficient grounds have been made out as to why the petitioner was not represented on June 12, 2014 when AP No.607 of 2014 was dismissed for default. The order dated June 12, 2014 is recalled and AP No.607 of 2014 is restored to the file. By consent of the parties, the petition for setting aside an arbitral award of December 18, 2013 is taken up for immediate consideration. On April 22, 2006 a fire broke out at the jute mill of the respondent near Shrirampur which took several hours to be brought under control and finally extinguished. Upon an insurance claim being made, surveyors were appointed who visited the a...
Tata Capital Financial Services Limited Vs. Kanika Maity and ors.
Court: Kolkata
Decided on: Jul-14-2014
AP No.885 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TATA CAPITAL FINANCIAL SERVICES LIMITED Versus KANIKA MAITY & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 14th July, 2014. Mr.S.Banerjee, Adv. for the petitioner The Court : The respondents are not represented despite deemed service. The petitioner claims that an amount in excess of Rs.59 lakh is due upon the termination of the agreement, including a sum in excess of Rs.51 lakh on account of defaulted instalments. According to the petitioner, the second respondent company is connected with the Sarada group of companies and transfer of its assets have been frozen. The petitioner apprehends that the claims of the depositors against the second respondent company may result in the asset covered by the subject agreement, which is owned by the petitioner in terms of the agreement, may be dealt with and the petitioner seriously prejudiced. Since the respondents show no interest, Mr.Ta...
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