Kolkata Court July 2014 Judgments
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Srei Equipment Finance Ltd. Vs. M/S. Aqdas Maritime Agency Pvt. Ltd.
Court: Kolkata
Decided on: Jul-09-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.202 of 2014 SREI EQUIPMENT FINANCE LTD.Versus M/S.AQDAS MARITIME AGENCY PVT.LTD.AP No.234 of 2014 M/S.AQDAS MARITIME AGENCY PVT.LTD.Versus SREI EQUIPMENT FINANCE LTD.AP No.235 of 2014 M/S.AQDAS MARITIME AGENCY PVT.LTD.Versus SREI EQUIPMENT FINANCE LTD.AP No.278 of 2014 M/S.AQDAS MARITIME AGENCY PVT.LTD.Versus SREI EQUIPMENT FINANCE LTD.Appearance: Mr.Satarup Banerjee, Adv.Ms.S.Mondal, Adv...for the petitioner. Mr.Tilak Bose, Sr.Adv.Mr.S.Sen, Adv.Mr.N.Adhya, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 9, 2014. The Court : In view of the stand taken by the finance company that the order dated December 4, 2013 implied that a sum of Rs.2.85 crore remained due only on account of defaulted instalments and not in respect of the entire amounts claimed in respect of the five agreements, no further order can be passed on the present proceedings. Three petitions were carrie...
M/S. Akak Ispat Udyog Pvt. Ltd. Vs. Src Steels Pvt.Ltd.
Court: Kolkata
Decided on: Jul-09-2014
ORDER SHEET CP No.74 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction M/S.AKAK ISPAT UDYOG PVT.LTD.Versus Sr.STEELS PVT.LTD.BEFORE: The Hon'ble JUSTICE PATHERYA Date : 9th July, 2014. Appearance: Mr.Jishnu Chowdhury, Adv.Mr.S.Bhattacharyya, Adv.Mr.S.Basu, Adv.Mr.Rajat Kali, Adv.The Court: The claim in this winding up petition arises on account of price of goods sold and delivered. The case of the petitioning creditor is that goods were supplied against orders placed. On supplies made bills were raised which have been accepted without protest. Therefore, sums have become due and payable by the company to the petitioning creditor. For non-payment, statutory notice was issued on 11th July, 2013 and reply given thereto. Therefore, the company petition be admitted. Counsel for the company submits that no purchase order has been annexed to the petition filed. The invoice bears the rubber stamp of the company, but the signature can not be deciphered. To the statutory notice also no...
Sri Narbadeswar Roy Vs. the Calcutta Municipal Corporation and ors.
Court: Kolkata
Decided on: Jul-09-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Honble Justice Soumitra Pal July 9, 2014 GA2931of 2013 WP1358of 2000 GA1994of 2014 GA2051of 2014 Sr.Narbadeswar Roy versus The Calcutta Municipal Corporation & ORS.Mr.Dipankar Dasgupta, Advocate for the petitioner Mr.L.C.Bihani, Senior Advocate with Mr.Swapan Kumar Debnath, Advocate for the Kolkata Municipal Corporation The Court :- The application, being GA1994of 2014, for recalling the order dated 27th February, 2014 passed in WP1358of 2000 (Narbedeswar Roy versus Calcutta Municipal Corporation & Ors.) along with the application for condonation of delay filed under Section 5 of the Limitation Act, 1963, being GA2051of 2014, are taken up for hearing. Heard Mr.Dipankar Dasgupta, learned Advocate appearing for the petitioner and Mr.L.C.Bihani, learned Senior Advocate appearing for the Kolkata Municipal Corporation. The causes shown for condoning the delay in moving the application for recalling th...
Srikanta Bagla Vs. Commissioner of Customs (Port) and ors.
Court: Kolkata
Decided on: Jul-09-2014
ORDER SHEET A.P.O.No.22 of 2014 With W.P.No.836 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SRIKANTA BAGLA Versus COMMISSIONER OF CUSTOMS (PORT) & ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA -AndThe Honble JUSTICE DR. MRINAL KANTI CHAUDHURI Date : 9th July, 2014. For Appellant : Mr.Jayanta Mitra, Sr.Adv.with Mr.Achinta Kr. Banerjee & Sk. Faridullah, Adversus For Respondents : Mr.R.N.Das, Sr.Adv.with Md.T.M.Siddiqui, Adv.The subject matter of challenge in this appeal is a judgement and order dated 18th December, 2013 by which the learned Trial court allowed the writ petitioner to re-export the goods being six consignments of furnace oil/fuel oil claimed to have been imported by the writ petitioner. The learned Trial Court, however, added that such re-export shall be permitted by the Customs authorities subject to satisfaction of the claiMs.if any, of the Port authorities. The petitioner was granted liberty to recover such amount by initiatin...
Techno Blast India Vs. Coal India Ltd.
Court: Kolkata
Decided on: Jul-08-2014
ORDER SHEET CS No.319 of 2006 GA No.1971 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TECHNO BLAST INDIA Versus COAL INDIA LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 8th July, 2014. Appearance: Mr.Joy Saha, Adv.Mr.Kalimuddin Mondal, Adv.Mr.Nikhil Roy, Adv.Mr.Partha Basu, Adv.The Court: This is an application for extension of time to lodge the writ of summons. It appears that the suit was instituted on 18th December, 2006 and thereafter several proceedings have been initiated by the petitioner against the defendants and the matter also reached the Honble Appeal Court with regard to the invocation of the bank guarantee. It is not in dispute that the bank guarantee has been kept renewed and the said bank guarantee is still in force. The bank guarantee appears to have been furnished subject to the following two conditions. i) The bank guarantee will be kept renewed on the same terms and conditions and should the plaintiffs claim fail ultim...
Srmb Srijan Limited Vs. Great Eastern Energy Corporation Ltd. and anr.
Court: Kolkata
Decided on: Jul-08-2014
TA No.117 of 2014 GA No.of 2014 CS No.208 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION SRMB Srijan Limited Versus Great Eastern Energy Corporation LTD.& Anr. Before: The Hon'ble Justice I.P.MUKERJ.Date: 8th July, 2014 Appearance: Mr.Ahin Choudhury, Sr.Advocate Mr.Abhrajit Mitra, Sr.Advocate Mr.Jishnu Choudhury, Advocate Chayan Gupta, Advocate Mr.Saumabha Ghose, Advocate Mr.Aniruddha Agarwalla, Advocate for the plaintiff Mr.S.N. Mookherjee, Sr.Advocate Mr.Ratnanko Banerjee, Sr.Advocate Mr.S.Nigam, Advocate for defendant No.1 Mr.Subhajit Saha, Advocate Mr.Gaurav Mukhopadhyay, Advocate for defendant No.2 The Court: After hearing learned counsel for the parties, this application is disposed of by the following order: Mr.Choudhury, learned senior advocate for the plaintiff has made it absolutely plain that his client has terminated the agreement with effect from 15th July 2014. In that situation, the fiRs.defendant is entitled to immediately encash the subsisti...
Om Prakash Prasad Vs. Official Trustee of West Bengal and ors.
Court: Kolkata
Decided on: Jul-08-2014
1 ORDER SHEET GA No.878 of 2011 -WithWP No.52 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE OM PRAKASH PRASAD -VSOFFICIAL TRUSTEE OF WEST BENGAL & ORS.Before: The Honble Justice Tapabrata Chakraborty Date: 8th July, 2014. Appearance: Mr.Soumya Majumdar, Advocate. Mr.Anindya Lahiri Advocate. Mr.Prajnadeepta Roy, Advocate. for the petitioner. Mr.Ashok Banerjee, Senior Advocate. Mr.Taleq Siddique, Advocate. Mr.Dhruba Ghose, Advocate. Ms.Ahana Sikdar, Advocate. Ms.Tapati Chatterjee, Advocate. for the respdt. No.4 Mr.Indranil Nandi, Advocate. for the respdt. No.1 The Court: This writ application has been preferred challenging the order dated 7th September, 2007 and the memorandum dated 27th September, 2007issued by the respondent no.1. Mr.Majumdar, assisted by Mr.Lahiri, learned Advocates appearing on behalf of the petitioner, submits that the petitioner was appointed as a Durwancum-Caretaker of the trust property of William Michael Coria at premises...
Prime Tradecomm Pvt Ltd. Vs. M/S.Saltee Infrastructure Ltd.
Court: Kolkata
Decided on: Jul-08-2014
ORDER SHEET APO No.179 of 2014 CP No.254 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PRIME TRADECOMM PVT LTD.Versus M/S.SALTEE INFRASTRUCTURE LTD.APO No.180 of 2014 CP No.257 of 2012 M/S.Breeze Vinimay Pvt LTD.-vsM/S.Saltee Infrastructure LTD.APO No.181 of 2014 CP No.256 of 2012 M/S.Minimax Tieup Pvt LTD.versus M/S.Saltee Infrastructure LTD.APO No.182 of 2014 CP No.255 of 2012 M/S.Saraswati Vanijya Pvt LTD.-vsM/S.Saltee Infrastructure LTD.BEFORE: The Hon'ble JUSTICE BANERJEE, ACTING CHIEF JUSTICE, The Hon'ble JUSTICE ARIJIT BANERJEE Date : 8th July, 2014. Appearance: Mr.Anirban Roy with Mr.Ajoy Gaggar Ld. Advocates for the appellant. Mr.Aniruddha Chatterjee with Mr.Rahul Karmakar Ld. Advocates for the respondent. The Court These appeals would relate to an order refusing to release the security amount that the defendant in the suit deposited in terms of an order passed by proceeding. the learned Company Judge in a winding up The appellant had a clai...
incorporated Daub Verhoeven Ltd and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Jul-08-2014
ORDER SHEET W.P.No.315 of 2014 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE INCORPORATED DAUB VERHOEVEN LTD & ANR. Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 8th July, 2014. Appearance: Mr.N.K.Chowdhury, Adv.Mr.Arijit Chakraborty, Adv. for the petitioners Mr.S.B.Saraf, Adv.Mr.K.K.Maiti, Adv. for the respondents The Court: By challenging the order dated 28th January, 2014 passed by the CustoMs.Excise and Service Tax Appellate Tribunal (CESTAT) disposing of an application seeking waiver of pre-deposit condition, the present writ petition is filed before this Court. The learned Advocate for the writ petitioners is very much vocal in contending that his clients have paid the excess amount than the demand made in the show cause notice and, therefore, there is no justification on the part of the Tribunal to direct the petitioners to deposit 25% of the demand and 10% of the personal penalty. The attention of the Court is drawn t...
Amit Dutta Vs. M/S. Bhagya Laxmi Confectionery Private Limited
Court: Kolkata
Decided on: Jul-08-2014
AP No.932 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction AMIT DUTTA Versus M/S.BHAGYA LAXMI CONFECTIONERY PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th July, 2014. Appearance: Mr.B.P. Biswas, Adv.Mr.A.L. Acharya, Adv.Mr.Aniruddha Mitra, Adv.The Court : The petitioner seeks a high order in the nature of attachment before judgment or security in respect of a claim in damages. It is not in dispute that the petitioner is already in possession of the flat constructed by the fiRs.respondent developer. It is the petitioners case that the developer has acted in breach of the development agreement and has not provided further facilities that it was obliged to. The petitioner claims that the quality of construction was not as was contemplated by the agreement. The heirs of the deceased co-owner have been served but are not represented. The second respondent is named in the development agreement but only as a director of the fiRs.respondent com...
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