Kolkata Court July 2014 Judgments
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Bharat Explosives Ltd. Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Jul-08-2014
ORDER SHEET CS No.318 of 2006 GA No.1972 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BHARAT EXPLOSIVES LTD.Versus COAL INDIA LTD.& ORS.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 19th 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 f...
Multitech Construction Vs. Srei Equipment Finance Private Limited and ...
Court: Kolkata
Decided on: Jul-08-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.1051 of 2013 MULTITECH CONSTRUCTION Versus SREI EQUIPMENT FINANCE PRIVATE LIMITED AND ANR. And AP No.634 of 2014 SREI EQUIPMENT FINANCE PRIVATE LIMITED AND ANR. Versus MULTITECH CONSTRUCTION AND ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th July, 2014. Appearance: Mr.Gautam Chaudhury, Adv.Mr.S.Banerjee, Adv.The Court : The earlier petition is for setting aside an award. The later matter is the post-award petition under Section 9 of the Arbitration and Conciliation Act, 1996, since the award remains unexecutable during the pendency of the petition for setting aside the same. The usual practice followed in this Court in such matters is that the finance company is requested to disregard the award altogether and indicate its claims on the basis of the amount in default under the finance agreement. The finance company is also permitted to charge interest at the rate of 12 per cent per annum ...
Srei Equipment Finance Ltd. Vs. Bishnu Chand Choudhary
Court: Kolkata
Decided on: Jul-08-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.1590 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.1591 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.1594 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.1595 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.1596 of 2013 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.13 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.68 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY & ANR. AND AP No.69 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.74 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY AND AP No.75 of 2014 SREI EQUIPMENT FINANCE LTD.Versus BISHNU CHAND CHOUDHARY BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 8, 2014. Appearance: Mr.S.Banerjee, Adv.Mr.Gautam...
Tata Capital Financial Services Ltd. Vs. M/S. Saumya Infraventures Pvt ...
Court: Kolkata
Decided on: Jul-08-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction AP No.856 of 2014 AP No.859 of 2014 AP No.865 of 2014 AP No.868 of 2014 AP No.873 of 2014 AP No.874 of 2014 AP No.875 of 2014 AP No.876 of 2014 AP No.877 of 2014 AP No.878 of 2014 AP No.880 of 2014 AP No.881 of 2014 AP No.882 of 2014 TATA CAPITAL FINANCIAL SERVICES LTD.Versus M/S.SAUMYA INFRAVENTURES PVT.LTD.AND ANR. AND AP No.857 of 2014 AP No.858 of 2014 AP No.860 of 2014 AP No.861 of 2014 AP No.863 of 2014 AP No.870 of 2014 AP No.872 of 2014 AP No.879 of 2014 AP No.884 of 2014 AP No.886 of 2014 TATA CAPITAL FINANCIAL SERVICES LTD.Versus M/S.SAUMYA MINING LTD.AND ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th July, 2014. Appearance: Mr.Swatarup Banerjee, Adv.Mr.Rohit Das, Adv.Mr.Surajit Chatterjee, Adv.The Court : A sum in excess of Rs.63 lakh remains due and owing from the respondents in respect of the several agreements covered by these matteRs.The matters had been previously adjourned, but the only obj...
Srei Equipment Finance Ltd. Vs. Baba Nanak Sars Infrastructure (P) Ltd ...
Court: Kolkata
Decided on: Jul-08-2014
AP AP AP AP AP AP No.No.No.No.No.No.241 242 243 244 247 248 of of of of of of 2014 2014 2014 2014 2014 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side SREI EQUIPMENT FINANCE LTD.Versus BABA NANAK SARS INFRASTRUCTURE (P) LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th July, 2014. Appearance: Mr.Utpal Bose, Sr.Adv.Mr.Tilok Bose, Sr.Adv.The Court : The Western Coalfields Limited is represented and it is submitted that the chairman of Western Coalfields Limited has recently expired and an officiating chairman appointed. It is submitted on behalf of Western Coalfields Limited that such company may not have any legal right to resist the receivers appointed in these matters to obtain possession of the assets covered by the agreements. It is also submitted on behalf of Western Coalfields Limited that men and agents of the contractor, the fiRs.respondent herein, who are at the Western Coalfields site had removed the tyres and wires from the vehic...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-08-2014
ORDER SHEET CP No.733 of 2013 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction IN THE MATTER OF: DIVYA JYOTI SPONGE IRON PRIVATE LIMITED -ANDSUPREME BOROCHEM PRIVATE LIMIED BEFORE: The Hon'ble JUSTICE PATHERYA Date : 8th July, 2014. Mr.A.K.Routh Advocate with Mr.S.Pal Chowdhury, Advocate..for petitioning creditor. The Court :-The claim in this winding up application arises on account of price of goods sold and delivered. The case of the petitioning creditor is that pursuant to purchase order issued by the company supply of goods was effected. Goods were not only received by the company but bills raised were also received without any objection. The goods have been consumed as there is no letter of rejection. For non-payment of suMs.statutory notice was issued on 2nd July, 2013 and on receipt thereof a reply has been given on 10th July, 2013. The only defence taken in the reply is that the bills needed to be scrutinised. No affidavit-in-opposition has been filed in spite of direction ...
Raja Udyog Pvt. Ltd. Vs. Raja Food Industries
Court: Kolkata
Decided on: Jul-08-2014
GA No.1669 of 2014 CS No.122 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAJ.UDYOG PVT.LTD.Versus RAJ.FOOD INDUSTRIES BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 8th July, 2014. Appearance: Mr.Debnath Ghosh, Advocate Mr.S.Roychowhdhury, Advocate Mr.Gautam Banerjee, Advocate Mr.Sayantan Bose, Advocate Mr.Pritthiraj Sinha, Advocate The Court: The plaintiff seeks leave under Clause 14 of the Letters Patent. This clause stipulates that if the plaintiff has joined two causes of action against the same defendant in the plaint, (except claims for immovable property) the suit can be instituted with the leave of the Court. The clause also provides for a show cause notice. At the time of presentation of the plaint, an order in the form of a show cause was issued, as a result of which the defendant is represented. Their contention, as I have understood, is that for joining a cause of action it must be shown by the plaintiff in the plaint that this co...
Eden Realty Ventures Pvt. Ltd. Vs. Eden Infraprojects Pvt. Ltd.
Court: Kolkata
Decided on: Jul-08-2014
ORDER SHEET GA No.1944 of 2014 With CS No.80 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE EDEN REALTY VENTURES PVT.LTD.Versus EDEN INFRAPROJECTS PVT.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 8th July, 2014. Appearance: Mr.S.N. Mitra, Sr.Adv.Mr.A.Mukherjee, Adv.for the plaintiff Mr.Abhrajit Mitra, Adv.Mr.Anirban Ray, Adv.Mr.S.S.Bose, Adv.for the defendant The Court : The plaintiff has filed the suit for recovery of a sum of Rs.7,12,95,984/- against the defendant on the basis of the accounts maintained by and between the parties. The plaintiff states that from the scrutiny of the account of the plaintiff it appears that from time to time and till 15th October, 2013 the plaintiff has lent and advanced to the defendant, as and by way of interest loan, diveRs.sums of moneys and after taking into consideration the repayments made by the defendant from time to time, an aggregate sum of Rs.7,12,95,984/- is due and payable. 2 Mr.Abhrajit Mitra...
Vs. Voltas Ltd. and anr.Defendants/Respond
Court: Kolkata
Decided on: Jul-08-2014
ORDER SHEET T.A.No.114 of 2014 G.A.No.of 2014 C.S.No.231 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMAK ENGINEERS PVT.LTD.Versus VOLTAS LTD.& ANR. Plaintiff/Petitioner Defendants/Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 8th July, 2014. For Plaintiff/Petitioner : Mr.Debnath Ghosh with Mr.S.Sengupta, MRS.Subhra Das & Mr.S.Dasgupta, Adversus For Defendants/Respondents : Mr.Jishnu Choudhury with Ms.Nairita Dutta Chowdhury, Adversus The plaintiff was a works contractor with the fiRs.defendant. The contract is admittedly terminated by the said defendant and future obligations of the parties thereunder discharged. The contract has been awarded to a third party. Mr.Ghosh, learned Advocate for the plaintiff, submits that his client brought on to the site machinery, materials, articles etc.described in Annexures N and O to this application. These items belong to the plaintiff and cannot be appropriated by the said defendant. It is s...
Tata Motors Finance Limited Vs. Md. Firoj Khan and anr.
Court: Kolkata
Decided on: Jul-08-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AP No.818 of 2014 TATA MOTORS FINANCE LIMITED -VersusMd.FIROJ KHAN & ANR. AP No.823 of 2014 TATA MOTORS FINANCE LIMITED -VersusMd.FIROJ KHAN & ANR. AP No.846 of 2014 TATA MOTORS FINANCE LIMITED -VersusMd.FIROJ KHAN & ANR. AP No.819 of 2014 TATA MOTORS FINANCE LIMITED -VersusMOHAMMAD IQBAL KHAN & ANR. AP No.825 of 2014 TATA MOTORS FINANCE LIMITED -VersusMOHAMMAD IQBAL KHAN & ANR. AP No.848 of 2014 TATA MOTORS FINANCE LIMITED -VersusMOHAMMAD IQBAL KHAN & ANR. AP No.824 of 2014 TATA MOTORS FINANCE LIMITED -VersusMd.SHAMIM KHAN & ANR. AP No.850 of 2014 TATA MOTORS FINANCE LIMITED -VersusMd.SHAMIM KHAN & ANR. AP No.851 of 2014 TATA MOTORS FINANCE LIMITED -VersusMd.SHAMIM KHAN & ANR. Appearance: Mr.Satarup Banerjee, Adv...for the petitioner. Mr.P.Saha, Adv..for the respondents BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th July, 2014. The Court : The respondents are represented and seek to suggest, on th...
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