Kolkata Court July 2014 Judgments
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Janki Devi Sonkar and ors. Vs. Ghanshyam Sonkar and anr.
Court: Kolkata
Decided on: Jul-07-2014
GA No.1201 of 2012 CS No.137 of 2012 GA No.2870 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JANKI DEVI SONKAR & ORS.Versus GHANSHYAM SONKAR & ANR. Appearance Mr.A.Mitra, Adv.Mr.Mainak Bose, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th July, 2014. The Court : In this partition suit, the two interlocutory petitions pertain to the only joint property at 40/4, Strand Road, Kolkata-700 001. It is the admitted position that the fiRs.plaintiff was the second wife of Mallu Ram Sonkar and the second and third plaintiffs and the second defendant are the children of Mallu Ram and the fiRs.plaintiff. The fiRs.defendant is the son of Mallu Ram through his pre-deceased fiRs.wife. In view of such position, there is no dispute that each of the parties is entitled to 1/5th share in the joint property at Strand Road. There will be a preliminary decree accordingly. The appearing parties are agreed that these two petitions can be disposed of by ap...
Abhishek Bose and ors. Vs. Idbi Bank Ltd. and ors.
Court: Kolkata
Decided on: Jul-07-2014
TA No.89 of 2014 T No.185 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Abhishek Bose & ORS.Versus IDBI Bank LTD.& ORS.Before: The Honble Justice I.P.MUKERJ.Date: 7th July 2014 Appearance: Mr.Pratap Chatterjee, Sr.Advocate Mr.Aniruddha Ray, Advocate Mr.Debnath Ghosh, Advocate for the plaintiffs Mr.Amiya Kr. Sur, Advocate for defendant No.1 Mr.Ashish Shah, Advocate For defendant No.3 Mr.Jayanta Sengupta, Advocate for proforma defendant No.4 The Court: The substantial questions raised by learned counsel for the plaintiffs are these: The property or properties which have been proposed to be attached and sold by the banks, ultimately, were never furnished to them as security by the plaintiffs. They were proposed to be furnished as security, but before anything could happen the Corporate Debt Reconstruction Scheme was withdrawn. Mr.Chatterjee, learned senior advocate also goes to the extent of contending that the plaintiffs are not guarantors at all. Unless thes...
Rabindra Kumar Mehra Vs. Tara Chand Mehra and ors.
Court: Kolkata
Decided on: Jul-07-2014
ORDER SHEET CS No.90 of 2012 With GA No.600 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE RABINDRA KUMAR MEHRA Versus TARA CHAND MEHRA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 7th July, 2014. Appearance: Mr.Sarvapriya Mukherjee, Adv.Mr.Satadeep Bhattacharya, Adv.Mr.A.K.Ray, Adv.Mr.S.Biswas, Adv.for the plaintiff. Mr.Lalratan Mandal, Adv.for the defendant no.1 The Court : In view of the clear admission in the written statement filed by the defendants with regard to the shares as mentioned in paragraph 19 in the plaint, there shall be a preliminary decree for partition of premises No.13, Rabindra Sarani, Kolkata 700 073, more fully described in schedule B herein, by metes and bound. The learned counsel submits, at this stage, that none of the parties would have any objection if the terms of settlement arrived at between the parties are implemented. Since it involves the question of implementation of the terms of settlement, it is de...
itag Business Solutions Ltd. Vs. the Branch Head, Hdfc Bank Ltd. and o ...
Court: Kolkata
Decided on: Jul-07-2014
GA No.1490 of 2012 CS No.179 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ITAG BUSINESS SOLUTIONS LTD.Versus THE BRANCH HEAD, HDFC BANK LTD.& ORS.Appearance Mr.Jishnu Chowdhury, Adv.Mr.S.Mukherjee, Adv.Mr.S.Ghose, Adv.Plaintiff Mr.Debanik Banerjee, Adv.Respondent Nos.3, 4 & 5 BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th July, 2014. The Court : The claim in the suit is on account of the third defendant having forged the signature of the authorised signatory of the plaintiff company to obtain payments from the second defendant bank in the names of the relatives and associates of the third defendant. The claim is denied and it is submitted on behalf of the third defendant that the payments were duly made by the plaintiff upon its authorised signatory or signatories making out the cheques in favour of the relevant persons. In view of the dispute and it not being clearly established that the third defendant and his associates forged the ...
Ajay Kumar Rathod Vs. Ranbaxy Laboratories Ltd.
Court: Kolkata
Decided on: Jul-07-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA2356OF2012WITH CS151of 2010 AJAY KUMAR RATHOD Versus RANBAXY LABORATORIES LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th July, 2014. Mr.J.Chowdhury, Advocate Mr.Chayan Gupta, Advocate for the petitioner The Court :- The defendant is not represented despite the matter having appeared in the warning list. The suit has been decreed and the determination of the mesne profits was left to a special referee. The plaintiff challenges only a portion of this special referees report on the ground that the special referee erred in finding the plaintiff entitled to mesne profits till a particular date though the possession of the property in question was not handed over to the plaintiff till much later. The special referees report of March 15, 2012 provides for mesne profits for two periods: December 1, 2009 till December 31, 2010 and January 1, 2010 till December 31, 2011. It is the plaintiffs assertion,...
Supply Corporation Limited and Others Vs. Md. Mohidur Rahaman
Court: Kolkata
Decided on: Jul-07-2014
ORDER SHEET APO No.344 of 2013 WP No.875 of 2012 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE WEST BENGAL ESSENTIAL COMMODITIES SUPPLY CORPORATION LIMITED & OTHERS Versus Md.MOHIDUR RAHAMAN BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SAMAPTI CHATTERJEE Date: 7th July, 2014 Mr.Susovan Sengupta, Adv.with Mr.Sanjay Saha, Adv..for the petitioners Mr.Kamalesh Bhattacharya, Adv..for the respondent This appeal has been preferred assailing the judgment and order dated 31st July, 2013 whereby a learned Judge of this Court allowed the writ petition on merits. Going thorough the records, we find that the respondent-writ petitioner fulfilled the eligibility criteria for participating in the selection process for recruitment to the post of Junior Assistant Manager. The writ petitioner was duly qualified in the written examination as OBC(A)EC candidate. After the written examination, the said writ petitioner appeared at the interview but...
Lumino Industries Ltd. Vs. Bhanwar Lal Baid and ors.
Court: Kolkata
Decided on: Jul-07-2014
ORDER SHEET G.A.No.2264 of 2012 With C.S.No.140 of 2012 G.A.No.1083 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LUMINO INDUSTRIES LTD.Versus BHANWAR LAL BAID & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th July, 2014. Appearance : Mr.Abhrajit Mitra, Adv. for the petitioner The Court : The plaintiff claims to be the lessee under the fiRs.defendant in respect of an office space on the 5th floor of 12A Camac Street and complains of the several other defendants claiming title over the property in question and seeking to dispossess the plaintiff therefrom. The defendant Nos.5 & 6 have apparently issued Securitisation and notices under Reconstruction Section of 13(2) Financial of the Assets and Enforcement of Security Interest Act, 2002. Such banks are not represented despite the matters have appeared in the warning list. The eighth defendant bank claims to have obtained mortgage of the property from the fiRs.defendant. Such bank has,...
Vs. Angerlehner Hochund Tiefbau Gmbh and anr.Defenda
Court: Kolkata
Decided on: Jul-07-2014
ORDER SHEET G.A.No.1389 of 2014 C.S.No.170 of 2013 G.A.No.1516 of 2013 G.A.No.2006 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GIRIKUNJ TRADELINK PVT.LTD.Versus ANGERLEHNER HOCH-UND TIEFBAU GMBH & ANR. Plaintiff/Petitioner Defendants/Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 7th July, 2014. For Plaintiff/Petitioner : Mr.Basudeb Biswas with Ms.Ankita Mukherjee, Adversus This is a judgement upon admission application [G.A.No.1389 of 2014].In spite of due service, as submitted by Mr.Basudeb Biswas, learned Advocate for the plaintiff, none appears for the defendants. No accommodation is sought. The second defendant has, for all practical purposes, taken over all the assets and liabilities of the fiRs.defendant, as understood by Mr.Biswass client. Mr.Biswas submits so on the basis of a communication by the Office of the Liquidator in Austria to Kolkata Municipal Corporation to substitute the second defendant in place of the fiRs.d...
Ajoy Agarwal Vs. Vijay Kumar Agarwal and ors.
Court: Kolkata
Decided on: Jul-07-2014
GA No.1747 of 2012 CS No.83 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction AJOY AGARWAL Versus VIJAY KUMAR AGARWAL & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th July, 2014. Appearance: Mr.Reetabroto Mitra, Adv.Mr.Mohit Gupta, Adv.The Court : No affidavit-in-opposition has been filed despite directions having been issued on August 2, 2012. The suit is by a beneficiary for removal of the trustees of a private trust. Several previous interlocutory petitions were disposed of by an order of August 16, 2010 by which the fiRs.three defendants, the persons then functioning as trustees, were restrained from dealing with the affairs of the trust. At any rate, the order dated August 16, 2010 was so interpreted by the appellate order of March 6, 2013 while dismissing the relevant appeals. As a result of all the three trustees being restrained from dealing with the affairs of the trust, a piquant situation has arisen. The trust has several properties with ...
Smt.Suhasini Devi Lohia Vs. M/S.Crown Steel Co. Pvt. Ltd.
Court: Kolkata
Decided on: Jul-07-2014
ORDER SHEET APO1552014 CP1872004 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SMT.SUHASINI DEVI LOHIA Versus M/S.CROWN STEEL Co.PVT.LTD.BEFORE: The Hon'ble MR.ASHIM KUMAR BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 7th July, 2014. Mr.Patha Chakraborty, Advocate Mr.Jayanta Mukherjee, Advocate for the appellant. Ms.Hasnuhana Chakraborty, Advocate Ms.S.Sengupta, Advocate Mr.S.Karmakar, Advocate for the respondent. The Court : The company is a tenant under the appellant. The company is in default in making payment of rent. The appellant filed a winding-up petition, inter alia, asking for winding-up of the company on the ground of non-payment of arrear rent. The learned Judge, vide judgment and order dated January 19, 2005 appearing at pages 34-35 of the paper book, considered the issue. His Lordship observed, the claim was Rs.6 lakhs. However, a part of the claim was doubtful in view of the plea of limitation being taken by the comp...
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