Kolkata Court July 2014 Judgments
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Union of India Vs. M/S Continantal Roadways and
Court: Kolkata
Decided on: Jul-08-2014
AP No.974 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNION OF INDIA -VersusM/S CONTINANTAL ROADWAYS & CONSTRUCTION Appearance: Mr.Malay Das, Adv.Ms.Aparna Banerjee, Adv...for the petitioner. Mr.Varun Kedia, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 8, 2014. The Court : The marginal delay in this petition for setting aside an arbitral award being carried beyond the period of three months but within the additional period of 30 days thereafter is condoned in view of the good grounds shown in the petition. The contract pertained to the construction of a railway overbridge at Baruipur. According to the petitioning railways, the contract had to be terminated in view of the laches on the part of the contractor and the contractors failure to adhere to the time schedule. The bills raised by the contractor were withheld as a consequence and the agreement terminated upon the contractor being put on notice that t...
Union of India and ors Vs. Joydev Ghatak
Court: Kolkata
Decided on: Jul-08-2014
1 ORDER SHEET GA No.2049 of 2014 APO No.200 of 2014 WP No.121 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE UNION OF INDIA & ORS Versus JOYDEV GHATAK BEFORE: The Hon'ble JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 8th July, 2014. Appearance: Mr.Ashok Chakraborty, Sr.Advocate For the appellant. Mr.Anjan Bhattacharjee, ld. Advocate For the respondent. The Court :- The respondent was charged with various offences for which the Central Bureau of Investigation initiated criminal case against him under the Prevention of Corruption Act, 1973. The respondent would claim, he was honourably acquitted by the criminal court. However, the appellant would dispute the same. Be that as it may, the appeal is awaiting disposal in this Court. The respondent approached the learned Single Judge with a limited prayer for release of the gratuity and subsistence allowance. Mr.appearing Ashok for the Chakraborty, appellant, learned would ...
M/S. Shalimar Tar Products Ltd. Vs. Mr.Arabinda Sengupta
Court: Kolkata
Decided on: Jul-08-2014
GA2787of 2013 WP2480of 2003 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE M/S.SHALIMAR TAR PRODUCTS LTD.Versus MR.ARABINDA SENGUPTA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 8th July, 2014. For the petitioner : Mr.Soumya Majumdar,Advocate For the respondent : Mr.Bijoy Kumar, Advocate Mr.Gopi Kanta Datta,Advocate The Court : - This writ petition is directed against an award passed by the Eighth Industrial Tribunal on 29th May,2003 directing reinstatement of the workman with full back wages and consequential reliefs. By the time the writ petition is taken up for hearing, it appears that the employee concerned has retired from service on 11th February,2010. In view of the aforesaid, the question reinstatement could not and does not arise. With a view to explore the possibility of the settlement, the parties deliberated and this Court has also indicated a formula to be worked out by the parties in arriving at a settlement, consequent whereupon the employer, STP LTD.had agreed to pay a su...
Srei Equipment Finance Limited Vs. Raspal Singh Sandhy and anr
Court: Kolkata
Decided on: Jul-08-2014
1 ORDER SHEET GA No.1619 of 2014 APOT No.271 of 2014 AP No.504 of 2014 -AndGA No.1620 of 2014 APOT No.272 of 2014 AP No.505 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SREI EQUIPMENT FINANCE LIMITED Versus RASPAL SINGH SANDHY AND ANR BEFORE: The Hon'ble JUSTICE BANERJEE, ACTING CHIEF JUSTICE, The Hon'ble JUSTICE ARIJIT BANERJEE Date : 8th July, 2014. Appearance: Mr.Swatarup Banerjee with Mr.Tirthankar Das, ld. Advocates For the appellant. The Court :- These two appeals are taken up together as it would involve the same parties and similar transaction. The appeals would relate to an order of refusal passed by the learned Single Judge in approving the sale of equipment that the Receiver took possession of after the respondents had defaulted in making payment of instalment. Despite repeated attempts and despite service being effected, the respondents are not present. Hence compelled to take up these appeals in their absence. we are Mr.Swatarup Banerjee...
Dinanath Parolia and anr Vs. Bhartia Steel and Engineering Co (Pvt) Lt ...
Court: Kolkata
Decided on: Jul-08-2014
1 ORDER SHEET GA No.2032 of 2014 APOT No.327 of 2014 EOS No.58 of 1987 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DINANATH PAROLIA & ANR Versus BHARTIA STEEL & ENGINEERING CO (PVT.LTD . BEFORE: The Hon'ble JUSTICE BANERJEE,ACTING CHIEF JUSTICE, The Hon'ble JUSTICE ARIJIT BANERJEE Date : 8th July, 2014. Appearance: Mr.Pratik Prakash Banerjee, Md.Yasin Ali and Ms.Mamta Khatur Ld. Advocates for the appellant. Mr.Arindam Mukherjee and Mr.A.K.Awasti, Ld. Advocates for the respondent. The Court :- This appeal would relate to an order imposing cost on the defendant because of his lackadaisical approach. We need not go in detail how the defendant was said to have been harassing the plaintiffs as claimed by the plaintiffs. The learned Judge imposed cost of Rs.5 lac. Upon hearing Mr.Banerjee for the appellant and Mr.Mukherjee for the respondent we feel, interest of justice would be subserved, if we reduce the amount to Rs.4 lac, out of which the appellant would pay ...
Smt. Suman Bakshi and ors. Vs. Aradhana Investment Ltd.
Court: Kolkata
Decided on: Jul-08-2014
ORDER SHEET G.A.No.2072 of 2014 With C.S.No.250 of 1995 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE SMT. SUMAN BAKSHI & ORS.Versus ARADHANA INVESTMENT LTD.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 8th July, 2014. Appearance: Mr.Kuldeep Mullick, Adv.Ms.Sanchari Chakraborty, Adv. for the plaintiffs Mr.S.Sarkar, Adv.Mr.S.Bhowmik, Adv. for the defendant The Court: Earlier the defendant applied for amendment of the written statement by G.A.No.1221 of 2014. Such application was allowed on May 15, 2014. Time to carry out the amendment has expired. The defendant did not carry out such amendment. Subsequent to expiry of the time to carry out the amendment the trial of the suit commenced. The present application was made ostensibly for the purpose of correcting the error of the arrangement of the paragraphs in the written statement. It was pointed out on behalf of the plaintiffs that what the defendant was seeking to do was to seek an extension of time...
M/S. King and Co (Homoeo Chemist Pvt. Ltd.) Vs. the State of West Beng ...
Court: Kolkata
Decided on: Jul-08-2014
ORDER WP No.571 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S.KING & CO (HOMOEO CHEMIST PVT.LTD.) Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 8th July 2014. Appearance: Mr.Jayanta Dasgupta, Advocate Mr.R.Guha Thakurta, Advocate ...for the petitioner. Ms.Lovely Dasgupta, Advocate Ms.Ashmita Chatterjee, Advocate ...for respondent No.3. The Court: This writ application is directed against an order dated 2nd June 2014 passed by the 2nd Labour Court, West Bengal in Case No.47/10 under Section 10(1B)(d) of Industrial Disputes Act, 1947 by which the Tribunal held that the domestic enquiry conducted by the employer is improper and invalid and the matter was fixed for hearing on merits. Assailing this order, the writ petitioner has filed the instant writ application. It is contended that the basis of the finding is perveRs.inasmuch as the said order would clearly show that the Tribunal has failed to appreciate the...
M/S.Hooghly Dock and Port Engineers Ltd. Vs. M/S.Das Engineering Works
Court: Kolkata
Decided on: Jul-08-2014
ORDER SHEET APO1872014 CP3992013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.HOOGHLY DOCK & PORT ENGINEERS LTD.Versus M/S.DAS ENGINEERING WORKS BEFORE: The Hon'ble MR.BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 8th July, 2014. Mr.Nilay Sengupta, Advocate for the appellant. Mr.P.K.Das, Senior Advocate Mr.S.K.Ghosh, Advocate Ms.Krishnakali Swar, Advocate for the respondent. The Court : This appeal would relate to an order of admission of a windingup proceeding filed at the instance of the respondent who has also filed a crossobjection. The respondent filed a winding-up proceeding, inter alia, claiming a sum of Rs.72,62,470.17P on account of supplies made to the company. The statutory notice of demand issued prior to filing of the winding-up petition remained unreplied. The company appeared and contested the winding-up proceeding principally on the ground of the claim being barred by laws of limitation. The records would revea...
Prem Lal Shawpetitioner Vs. the State of West Bengal and ors.Responden ...
Court: Kolkata
Decided on: Jul-08-2014
W.P.No.278 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side PREM LAL SHAW Petitioner Versus THE STATE OF WEST BENGAL & ORS.Respondents BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date : 8th July, 2014. For the petitioner : Mr.Ram Anand Agarwal with Mr.Kumar Gupta and Mr.Ramesh Dhara, Advocates For Respondent Nos.3-4 : Mr.D.K.Kundu, Advocate For Respondent Nos.5-7 : THE COURT was executed : Mr.Kishore Datta, Sr.Advocate with Mr.S.Bandopadhyay, Advocate On July 7, 2001, a partnership deed between the writ petitioner and the respondent Nos.5, 6 and 7. Respondent No.5 was the mother and the other three partners were her sons. Such business was carried on by the partnership firm after obtaining necessary licence in terms of the Agreement dated August 22, 2001. While carrying on the business the partners fell out and there was a loss of faith amongst them. The dispute between the parties was ultimately referred to an Arbitrator. The learned Arbit...
Kunjal Synergies Pvt. Ltd. Vs. S.B.Pigments Pvt. Ltd.
Court: Kolkata
Decided on: Jul-07-2014
GA No.478 of 2012 CS No.55 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KUNJAL SYNERGIES PVT.LTD.Versus S.B.PIGMENTS PVT.LTD.Appearance Mr.Sabyasachi Chowdhury, Adv.Ms.Ranjaboti Sen, Adv.Plaintiff BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th July, 2014. The Court : The defendant is not represented despite the matter having appeared in the warning list. No affidavit-in-opposition has been filed though directions for filing affidavits were issued in the presence of the defendant on March 20, 2012. The claim in the suit is on account of price of goods sold and delivered. In this interlocutory petition for judgment upon admission, the plaintiff has relied on the ledger accounts as confirmed by the defendant for the period upto February 23, 2011. A copy of the relevant document appears as Annexure-A at page 45 of the petition and it reveals that a sum of Rs.30,01,385/- was acknowledged and confirmed to be due from the defendant to the pe...
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