Kolkata Court July 2014 Judgments
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Tirumala Balaji Alloys Pvt. Ltd. Vs. Parekh Aluminex Ltd.
Court: Kolkata
Decided on: Jul-31-2014
GA No.856 of 2013 CS No.82 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TIRUMALA BALAJ.ALLOYS PVT.LTD.Versus PAREKH ALUMINEX LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 31st July, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Ms.R.Kajaria, Adv.Mr.S.Ghose, Adv.Mr.Rajesh Upadhyay, Adv.The Court : The defendant has no defence to the plaintiffs claim and no attempt has been made to urge any ground in defence thereof at the hearing. The plaintiff seeks judgment on admission upon the dishonour of a cheque for Rs.1 crore. The plaintiff admits having received a sum of Rs.26,52,877/- on account of principal and interest prior to presentation of the cheque for Rs.1 crore. The plaintiff says that it was agreed between the parties that interest would be paid at the rate of 18 per cent per annum. The plaintiff has relied on a money receipt of August 2, 2012 evidencing the receipt of the intercorporate deposit by the defendant from the plaintiff a...
The West Bengal State Cooperative Bank Limited Vs. Joint Commissioner ...
Court: Kolkata
Decided on: Jul-31-2014
ORDER SHEET W.P.No.232 of 2004 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE THE WEST BENGAL STATE CO-OPERATIVE BANK LIMITED Versus JOINT COMMISSIONER OF INCOME TAX, RANGE-56, KOLKATA & ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 31st July, 2014. For Petitioner : Mr.J.P.Khaitan, Sr.Adv.with Mr.Ananda Sen, Adv.For Respondents : Md.Nizamuddin, Adv.The petitioner files copies of pleadings which are accepted for the purpose of reconstruction of records. The subject matter of challenge in this Writ Petition are reassessment proceedings under Section 147 of the Income Tax Act, 1961 for the assessment years 1996-97 to 2000-01 initiated by issue of notices under Section 148. The writ petition was admitted for hearing but the proceedings were not stayed. Counsel appearing on behalf of the petitioner submits that during the pendency of the matter, assessment orders adveRs.to the petitioner were passed against which appeals were preferred before the Commiss...
Srei Equipment Finance Ltd. Vs. Kuldeep Chudhury and Associates and or ...
Court: Kolkata
Decided on: Jul-31-2014
EC No.126 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LTD.Versus KULDEEP CHUDHURY & ASSOCIATES & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 31st July, 2014. Appearance: Mr.Santosh Kumar Ray, Advocate The Court: This is an application for execution of an award/decree dated 30th July, 2013. It is submitted by the learned counsel for the decree-holder that out of the two assets, one asset has been taken possession of on 25th January, 2013 and the same was sold at Rs.15,40,000/-. In this regard a supplementary affidavit has been filed by the decree-holder. In the supplementary affidavit the decree-holder has adjusted the sale proceeds and further claims a sum of Rs.39,81,187/-. The supplementary affidavit filed by the decree-holder is taken on record. No notice of this application is to be served upon the judgement debtor at this stage. Order in terms of prayers (b) and (c) of the column 10 of the tabular statement,...
Dhruba Pada Bayen and ors. Vs. the Official Liquidator, High Court,
Court: Kolkata
Decided on: Jul-31-2014
ORDER SHEET CA No.386 of 2014 With CP No.313 of 2012 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE M/S.RUBI STAR REAL ESTATE AND HOUSING DEVELOPMENT LTD.(IN LIQN.) AND DHRUBA PADA BAYEN & ORS.versus THE OFFICIAL LIQUIDATOR, HIGH COURT, CALCUTTA & ORS.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 31st July, 2014. Mr.Dipak Basu, Sr.Adv., Mr.Bidyut Kr. Bhattacharyya, Mr.Ananta Kr.Lala for petitioneRs.Mr.S.K.Chakraborti for respondent nos.2 & 3. Mr.Ronojit Chowdhury for Official Liquidator. The Court : Winding up petitions were filed against Rubi Star Sushrasha Hospital & Medical Institute Private Limited and Rubi Star Real Estate and Housing Development Limited. By orders dated 6th February, 2012 and 17th June, 2013 both the companies mentioned above were directed to be wound up respectively. C.A.329 of 2012 was filed wherein one Kanu Kirtanya claimed to be a contributory holding 96% shares of Medical Institute. The applicant therein agreed to make payment of the princip...
Dr. Arati Banerjee Vs. the University of Calcutta and ors.
Court: Kolkata
Decided on: Jul-31-2014
ORDER WP No.2179 of 2001 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE DR. ARATI BANERJEE Versus THE UNIVERSITY OF CALCUTTA & ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date: 31st July 2014. Appearance: Mr.Arup Chatterjee, Advocate ...for the petitioner. Mr.Paritosh Sinha, Advocate Mr.Amitava Mitra, Advocate ...for State of West Bengal. Mr.Biswarup Bhattacharya, Advocate ...for University of Calcutta. The Court: pending before elaborated This is a matter which has been long since this since all Court. are For on reasons record, the which need petitioner not has be been deprived of all service benefits she was entitled to, in law. After the writ petitioner approached this Court in the year 2001, the matter was heard on several occasions. an order dated 4th Advocate-on-Record Officer to July of function 2014, the as State the this of Nodal Court Ultimately, by engaged West Bengal Officer and the as a learned Special coordinate with various departmen...
Jugesh Kumar Singh Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-31-2014
G.A.No.2337 of 2014 W.P.No.563 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE In the matter of: Jugesh Kumar Singh Versus The State of West Bengal & ORS.And Ashish Kumar Tiwari & ORS. Applicants BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date : 31st July, 2014. For Writ Petitioner : Mr.Bikash Ranjan Bhattacharya, Sr.Adv.Mr.Aninda Bose, Adv.For Respondent No.4 : Mr.P.S.Deb Burman, Adv.Mr.M.Nazar Chowdhury, Adv.For Applicants : Mr.Anjan Bhattacharya, Adv.G.A.No.2337 of 2014 The Court : None appears on behalf of the State respondents when the matter is called on. No accommodation is prayed for. Since an application for addition of party is filed in this matter, the same is taken up first. This is an application filed by the applicants for addition of parties challenge in the writ application. in the writ application The subject matter of is the order passed by the District Inspector of Schools(SE).Kolkata referring the matter to the Commissioner o...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-31-2014
ORDER SHEET W.P.No.442 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MONICA LIU & ANR. Plaintiff/Petitioner/Applicant Versus KOLKATA MUNICIPAL CORPORATION & ORS.Defendant/Respondent BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 31st July, 2014. For Petitioner: Mr.Chanchal Kumar Dutt, Advocate For KMC : Mr.D.Mondal,Advocate The Court : In this writ petition, the petitioners have challenged the notice demanding a sum of Rs.89,82,188 for regularising unauthorized construction, levy of welfare cess of Rs.86,782 on the sanctioned plan and levy of Rs.8000/- as fees for raising unauthorised construction issued by the municipal authorities pursuant to the order dated 30th December, 2013 passed by the Deputy Chief Engineer (Building) (South).the Kolkata Municipal Corporation wherein order was issued directing retention of the unauthorised structure in a demolition proceeding under sections 400(1) and 416 of the Kolkata Municipal Corporation Act, 1980 in ...
Central Bank of India Vs. R.K. Agencies Limited
Court: Kolkata
Decided on: Jul-30-2014
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Acting Chief Justice Ashim Kumar Banerjee And The Honble Justice Arijit Banerjee A.P.D.No.357 of 2012 C.S.No.297 of 1987 Central Bank of India versus R.K.Agencies Limited For the Appellant : Mr.Hirak Mitra, Senior Advocate Mr.Sandip Mukherjee, Advocate Ms.Usha Doshi, Advocate For the Respondent : Mr.S.N.Mookherjee, Senior Advocate Mr.Dhruba Ghose, Advocate Mr.U.S.Menon, Advocate Heard on : February 3, 24, March 27, April 4, 10 11, 28, June 19, July 10 and 17, 2014 Judgment on : July 30, 2014 ASHIM KUMAR BANERJEE, ACJ. R.K.Agencies Limited made a fixed deposit with Central Bank of India through their Advocate M/S.Khanna and Company on May 27, 1984. The contents of the letter would be as follows: Under instructions from and on behalf of our client, M/S.R.K.Agencies Limited we beg to enclose cheque No.3148553 of the 27th November 1984 for Rs.20 lacs drawn on Allahabad Bank in our fa...
L and T Finance Ltd. Vs. Silicon Projects India Ltd.
Court: Kolkata
Decided on: Jul-30-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.495 of 2014 L & T FINANCE LTD.Versus SILICo.PROJECTS INDIA LTD.And AP No.503 of 2014 L & T FINANCE LTD.Versus SILICo.PROJECTS INDIA LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 30th July, 2014. Appearance: Mr.P.Sinha, Adv.The Court : The respondents are not represented despite previous service. The respondents have surrendered two of the seven assets covered by the agreement pertaining to AP No.495 of 2014. The receivers report indicates that a director of the fiRs.respondent had represented that all other assets would be surrendered, but subsequent attempts by the receiver to contact such director has yielded no result. The petitioner seeks a direction on the receiver to invite offers for the sale of the two assets that are now in the possession of the receiver. The petitioner seeks a further direction on the receiver to take possession of the five other assets covered by the agreem...
L and T Finance Limited Vs. Goutam Singh and anr.
Court: Kolkata
Decided on: Jul-30-2014
ORDER SHEET GA23212014 APOT3842014 AP4602014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE L & T FINANCE LIMITED Versus GOUTAM SINGH & ANR. BEFORE: The Hon'ble MR.JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 30th July, 2014. Mr.S.Chowdhury, Advocate for the appellant. The Court : Despite service, 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.16.10 lakhs/- that is still outstanding. Mr.Chowdhurys 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.6,00,000/- initially...
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