Kolkata Court July 2014 Judgments
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Goudidutta Iswardas Jalan Charitable Trust and anr Vs. Kolkata Municip ...
Court: Kolkata
Decided on: Jul-01-2014
ORDER SHEET W.P.No.380 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GOUDIDUTTA ISWARDAS JALAN CHARITABLE TRUST AND ANR Versus KOLKATA MUNICIPAL CORPORATION & ORS BEFORE: The Hon'ble JUSTICE SOUMITRA PAL Date : 1st July, 2014. For Petitioner : Mr.Achintya Banerjee,Advocate For KMC: Mr.Biswajit Mukherjee,Advocate Mr.G.C.Das,Advocate Mr.D.Mondal,Advocate The Court : In the writ petition, the petitioners have challenged the order passed by the Hearing Officer with respect to the annual valuation for the period 1st quarter 2007-2008 for the premises Amarjyoti Apartment no.10 Belvedere Road, Kolkata- 700027 on the ground that though, as evident from the annexures to the writ petition, written objections were filed, however, the officer concerned had passed the order without dealing with them, as evident from Annexure-P/12 to the writ petition and has arbitrarily fixed the valuation at Rs.3,02,400/-. It is submitted by Mr.Achintya Banerjee, learned advo...
Duncan International (India) Ltd. Vs. a I Champdany Industries Ltd.
Court: Kolkata
Decided on: Jul-01-2014
ORDER SHEET CS No.223 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DUNCAN INTERNATIONAL (INDIA) LTD.Versus A I CHAMPDANY INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 1st July, 2014. Appearance: Mr.Ranjan Deb, Sr.Adv.Mr.Abhijit Guha Ray, Adv.Mr.Shiladitya Bose, Adv.The Court : After hearing the learned counsel for the parties and considering the suggested issues filed by them, the following issues are settled and set down for trial : 1. Did the plaintiff and the other associate companies of the plaintiff advance various sums of monies as unsecured loans to the defendant by cheque(s) in terms of the scheme sanctioned by the Board for Industrial and Financial Reconstruction and/or otherwise as recognized by the scheme as pleaded in paragraph 4 of the plaint ?.2. Is the plaintiff entitled to claim the amount as claimed in the plaint or any part or portion thereof ?.3. Is the claim of the plaintiff barred by the laws of limitation ...
Disciplined Investments Ltd. Vs. a I Champdany Industries Ltd.
Court: Kolkata
Decided on: Jul-01-2014
ORDER SHEET CS No.222 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DISCIPLINED INVESTMENTS LTD.Versus A I CHAMPDANY INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 1st July, 2014. Appearance: Mr.Ranjan Deb, Sr.Adv.Mr.Abhijit Guha Ray, Adv.Mr.Shiladitya Bose, Adv.The Court : After hearing the learned counsel for the parties and considering the suggested issues filed by them, the following issues are settled and set down for trial : 1. Did the plaintiff and the other associate companies of the plaintiff advance various sums of monies as unsecured loans to the defendant by cheque(s) in terms of the scheme sanctioned by the Board for Industrial and Financial Reconstruction and/or otherwise as recognized by the scheme as pleaded in paragraph 4 of the plaint ?.2. Is the plaintiff entitled to claim the amount as claimed in the plaint or any part or portion thereof ?.3. Is the claim of the plaintiff barred by the laws of limitation ?.4. ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Jul-01-2014
ORDER SHEET CP NO.201 OF2014IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: M/S.XENITIS INFOTECH LTD -ANDIN THE MATTER OF: SMT. SUPTA LALA BEFORE: The Hon'ble JUSTICE PATHERYA Date : 1st July, 2014. MR.N.DASGUPTA, MR.S.GHOSAL,ADVOCATES FOR PETITIONING CREDITOR The Court : In spite of service of the order dated 31st March, 2014 no affidavit has been filed by the company nor is the company represented through counsel this day. Affidavit of service filed be kept on record. The claim in this winding up petition arises on account of price of goods sold and delivered. Goods were supplied bill raised and received by the company. as no payment was forthcoming a statutory notice was issued on 24th January, 2014 and although the said was received by the company no reply has been given thereto. This therefore raises the statutory presumption of the inability of the company to pay its debts which the company has not rebutted either by filing a reply to the statu...
Dilip Kumar Jain, Trading as Pet and Mineral Vs. Sipra Appliances
Court: Kolkata
Decided on: Jul-01-2014
ORDER SHEET GA NO.1868 OF2014WITH CS NO.211 OF2014IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DILIP KUMAR JAIN, TRADING AS PET & MINERAL Versus SIPRA APPLIANCES BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 1st July, 2014. Mr.R.Bachawat, senior advocate, Mr.S.Roy Chowdhuryappear. The Court : Earlier in the afternoon today, in the application GA No.1867 of 2014 with CS No.210 of 2014 [Dilip Kumar Jain, Trading AS PET & Mineral vs.N.H. Appliances & Anr.].I had passed the following interim order: The Court: Prima facie, the infringement of the plaintiffs label marks by the defendants appears to be so brazen that this court is of the view that they should not be permitted to manufacture or market products with the infringing marks, with immediate effect. On 7th August, 2013 the plaintiff was granted registration, in Mumbai of a label mark Mumeet as shown at pages 225 & 226 of the petition. Similarly, the plaintiff obtained registration of their label m...
Anuradha Malik and ors. Vs. Alka Gupta and ors.
Court: Kolkata
Decided on: Jul-01-2014
GA No.1500 of 2014 CS No.251 of 2006 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Anuradha Malik & ORS.Versus Alka Gupta & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 1st July 2014 Appearance: Mr.Utpal Bose, Sr.Advocate Mr.Sarathi Dasgupta, Advocate for the plaintiffs Mr.Ahin Choudhury, Sr.Advocate Mr.R.Ghosh, Advocate Mr.S.K. Ray, Advocate for defendant No.1 Mr.Rajeev Kr. Jain, Advocate For defendant No.2 Mr.Bidyut Dutt, Advocate For proforma defendant No.4 The Court: Two orders of this Court are shown to me. One is dated 2nd November 2006 in an application (GA3246of 2006).by which the fiRs.defendant was directed to maintain status quo with regard to demat accounts, 10407102 and 10115979. This status quo was reiterated by the second order dated 3rd November 2006. Now Mr.Bose, learned senior advocate submits that the shares in the above demat accounts have been dealt with by the fiRs.defendant violating the said status quo order. He submits that the plaintiff...
Kalyaneswary Metals Pvt. Ltd. Vs. State Bank of India and ors.
Court: Kolkata
Decided on: Jul-01-2014
GA No.1439 of 2014 CS No.156 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION Kalyaneswary Metals PVT.LTD.Versus State Bank of India & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 1st July 2014 Appearance: Mr.S.N. Mitra, Sr.Advocate Mr.K.L. Yadav, Advocate Mr.Sakya Sen, Advocate Mr.Siddhartha Banerjee, Advocate for the plaintiff Mr.Soumya Roy, Advocate for the defendant-bank The Court: A substantial question is raised in this application. The plaintiff-borrower was granted by the defendant-bank, a fund based loan facility in the shape of cash credit up to a limit Rs.10 crores and a non-fund based limit in respect of letter of credit upto Rs.5 crores. The letter of State Bank of India dated 22nd June 2011 granting the above loan facility to the plaintiff clearly stipulated both way interchangeability between CC and LC to the extent of Rs.2.50 crore. It appears that the plaintiffs total outstanding on this loan account is Rs.13.76 crores. Their account has b...
Srmb Srijan Ltd. Vs. Great Eastern Energy Corporation Ltd. and anr.
Court: Kolkata
Decided on: Jul-01-2014
TA No.102 of 2014 CS No.208 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION SRMB Srijan LTD.Versus Great Eastern Energy Corporation LTD.& Anr. Before: The Hon'ble Justice I.P.MUKERJ.Date: 1st July 2014 Appearance: Mr.Ahin Choudhury, Sr.Advocate Mr.Abhrajit Mitra, Sr.Advocate Mr.Jishnu Choudhury, Advocate for the petitioner Mr.D.N. Sharma, Advocate for respondent No.1 Mr.S.Saha, Advocate for respondent No.2 The Court: By the interim order dated 12th June 2014 status quo was directed to be maintained with regard to the bank guarantee till 20th June 2014 or until further orders whichever was earlier. I note that in that order it was recorded that one bank guarantee had expired and the dispute was with regard to the other bank guarantee. Reference to the bank guarantee in this order would mean reference to the subsisting bank guarantee. This interim order expired on 20th June 2014. Until today there has been no effort on the part of the defendants to invoke the b...
Jac Textiles Pvt. Ltd. and anr. Vs. Steller Mercantile Pvt. Ltd. and o ...
Court: Kolkata
Decided on: Jul-01-2014
GA No.730 of 2014 CS No.70 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION JAC Textiles PVT.LTD.& Anr. Versus Steller Mercantile PVT.LTD.& ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 1st July 2014 Appearance: Mr.Joy Saha, Advocate for the plaintiffs Mr.Ritzu Ghoshal, Advocate Mr.D.Ghoshal, Advocate Mr.I.P. Mullick, Advocate for defendant No.7 Ms.Nilanjana Adhya, Advocate for defendant Nos.1 to 5 The Court: Mr.Ghoshal, learned advocate appearing for the second defendant takes the point of territorial jurisdiction. This point is kept open. The second plaintiff claims to be a 80% shareholder in the fiRs.defendant. The second to fifth defendants are the directors of the fiRs.defendant. The fiRs.defendant was heavily indebted to the sixth defendantbank. The second plaintiff also controls the fiRs.plaintiff. A valuable asset of the fiRs.plaintiff was amongst other securities given to the said bank as a security for the above loan. The grievance of the plaintif...
Jogesh Kumar Singh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-01-2014
ORDER SHEET WP No.563 of 2014 GA No.1925 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JOGESH KUMAR SINGH Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA Date : 1st July, 2014. Appearance: Mr.Bikash Ranjan Bhattacharya, Sr.Adv.Mr.Aninda Bose, Adv.for the Petitioner. Mr.P.S. Deb Barman, Adv.Md.M.Nazar Chowdhury, Adv .for the respondent No.4 Mr.Anjan Bhattacharya, Adv.for addition of party. Mr.Sadhan Roy Chowdhury, Adv.Ms.Sucharita Roy, .for the the state respondents. The Court : This writ application is filed by the petitioner assailing the action taken by the respondent No.3 in respect of the panel prepared for appointment of Head Master in Shree Balkrishna Vithalnath Vidyalaya, District Kolkata, in forwarding the matter to the respondent No.2 under Memo. No.140/1(2)/Law dated April 2, 2014. According to the petitioner, he participated in the above selection process. He is the fiRs.empanelled candidate in the pane...
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