Kolkata Court July 2014 Judgments
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L and T Finance Ltd Vs. Md Irfan Ahmed Khan and anr.
Court: Kolkata
Decided on: Jul-25-2014
ORDER SHEET GA22372014 APOT3632014 AP12532013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE L & T FINANCE LTD Versus MD IRFAN AHMED KHAN & ANR. BEFORE: The Hon'ble MR.JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 25th July, 2014. Mr.Paritosh Sinha, Advocate Ms.S.Saha, Advocate for the appellant. The Court :- The appeal is barred by 21 days. Causes shown being sufficient, delay is condoned. The appeal is taken on record. This appeal would arise out of an order passed on May 7, 2014. Despite service, the respondent no.1 has received notice as we find from the affidavit of service. The appellant does not pray for any relief in this appeal against him. Hence, the appeal is dismissed as against the respondent no.2. The appellant extended financial support to the respondent no.1 that would be repayable by instalments as per the agreement. The respondents failed to repay resulting in a dispute that was referred to arbitration. Dur...
Fuel Sources India Pvt Ltd Vs. Parekh Aluminex Ltd. and ors.
Court: Kolkata
Decided on: Jul-25-2014
ORDER SHEET G.A.No.1720 of 2013 With C.S.No.179 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE FUEL SOURCES INDIA PVT LTD Versus PAREKH ALUMINEX LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 25th July, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Ms.R.Kajaria, Adv.Mr.S.Mukherjee, Adv.Ms.Priyanka Prasad, Adv.Mr.S.Ghose, Adv. for the plaintiff Mr.Suman Dutta, Adv. for the respondent no.1 Mr.Rajesh Upadhyay, Adv. for the respondents Mr.Jayjit Ganguly, Adv.Mr.T.Quasimuddin, Adv. for the respondent Nos.2 and 3 Mr.Aryak Dutt, Adv.Mr.Dipankar Das, Adv. for the IOB The Court: In a suit for recovery of money lent and advanced by the plaintiff to the defendants, the plaintiff applied for judgment on admission, security and injunction. On the application being moved an interim order dated July 19, 2013 (as corrected by order dated 25th July, 2013) was passed. The defendants were restrained from dealing transferring or encumbering its assets. w...
indicon Estates Pvt Ltd Vs. Parekh Aluminex Ltd. and ors.
Court: Kolkata
Decided on: Jul-25-2014
ORDER SHEET G.A.No.859 of 2013 With C.S.No.81 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE INDICo.ESTATES PVT LTD Versus PAREKH ALUMINEX LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 25th July, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Ms.R.Kajaria, Adv.Mr.S.Mukherjee, Adv.Ms.Priyanka Prasad, Adv.Mr.S.Ghose, Adv. for the plaintiff Mr.Suman Dutta, Adv. for the respondent no.1 Mr.Rajesh Upadhyay, Adv. for the respondents Mr.Jayjit Ganguly, Adv.Mr.T.Quasimuddin, Adv. for the respondent Nos.2 and 3 Mr.Aryak Dutt, Adv.Mr.Dipankar Das, Adv. for the IOB The Court: In a suit for recovery of money lent and advanced by the plaintiff to the defendants, the plaintiff applied for judgment on admission, security and injunction. On the application being moved an interim order dated March 19, 2013 was passed. Thereafter on June 3, 2013 the order dated March 19, 2013 was modified and the defendants were restrained from dealing with, alienating,...
R.Piyarelall Iron and Steel Pvt. Ltd. Vs. Fairdeal Supplies Ltd. and o ...
Court: Kolkata
Decided on: Jul-25-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE CC No.108 of 2013 R.PIYARELALL IRON AND STEEL PVT.LTD.Versus FAIRDEAL SUPPLIES LTD.AND ORS.GA No.3079 of 2013 CC No.102 of 2012 AP No.388 of 2011 CS No.213 of 2008 GA No.1220 of 2013 GA No.2425 of 2012 GA No.3090 of 2013 R.PIYARELALL IRON AND STEEL PVT.LTD.Versus SAURABH JHUNJHUNWALA & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th July, 2014. Appearance: Mr.Mr.Mr.Mr.Jaijit Ganguly, Advocate Sayantan Bose, Advocate Basudeb Biswas, Advocate Rudrajit Sarkar, Advocate Mr.Ranjan Deb, Sr.Advocate Mr.Dipak Dey, Advocate The Court: Further to the previous order of this court, the Advocate on record for the alleged contemners wrote to the bank on 14th July, 2014. The bank replied on 18th July, 2014. Mr.Deb, learned Senior Advocate, is right when he submits that the rate of interest is not mentioned in the communication of the bank. It appears from the above communication of the bank dated 18th July,...
Saif Impex Pvt. Ltd. and anr. Vs. the Kolkata Municipal Corporation an ...
Court: Kolkata
Decided on: Jul-25-2014
ORDER SHEET W.P.No.917 of 2013 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE SAIF IMPEX PVT.LTD.& ANR. Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA Date: 25th July, 2014. Appearance: Mr.Saktinath Mukherji, Adv.Mr.Malay Kumar Singh, Adv.Mr.Sandip Kumar De, Adv.Mr.Supriyo Ranjan Saha, Adv. for the petitioners Mr.Gopal Chandra Das, Adv.Mr.Jayanta Narayan Mahanty, Adv.Ms.Suvasree Ghose, Adv. for KMC The Court: The petitioner has obtained a building plan sanctioned from the Kolkata Municipal Corporation for constructing a multi storied (G+5) building at premises No.12, Tara Chand Dutt Street, in Ward No.44, Borough V. In couRs.of construction the petitioner raised an additional story above the 5th floor of the said building. As a result, Notice under Section 401 of the Kolkata Municipal Corporation Act was served upon the petitioner directing him to stop construction in the said premises. Guard was also pos...
Lumino Industries Ltd. Vs. Fedders Lloyd Corporation Ltd. and anr.
Court: Kolkata
Decided on: Jul-25-2014
G.A No.2159 of 2013 C.S.No.117 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE LUMINO INDUSTRIES LTD.Versus FEDDERS LLOYD CORPORATION LTD.& ANR. B E F O R E: The Honble Justice DEBANGSU BASAK Dated, the 25 July, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Ms.R.Kajaria, Adv.Mr.S.P.Mukherjee, Adv.Mr.Soumabha Ghose, Adv.For the plaintiff. Mr.Krishna Raj Thakkar, Adv.Mr.Sudhasatva Banerjee, Adv.Ms.B.Kaur, Adv.For the defendant no.1. The Court:- The suit was for recovery of money and for permanent injunction restraining invocation of bank guarantee. In such suit two applications were filed by the plaintiff. In the fiRs.application being GA No.1104 of 2013 the plaintiff sought for relief with regard to attachment before judgment as well as injunction restraining invocation of the bank guarantee. Interim orders were passed in such applications. In the fiRs.application in addition to the primary reliefs prayed for, the plaintiff sought appointment of Re...
Central Bank of India Vs. R.K. Agencies Ltd.
Court: Kolkata
Decided on: Jul-25-2014
1 ORDER SHEET GA No.2213 of 2014 APD No.357 of 2012 CS No.297 of 1987 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE CENTRAL BANK OF INDIA Versus R.K.AGENCIES LTD.BEFORE: The Hon'ble JUSTICE BANERJEE, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ARIJIT BANERJEE Date : 25th July, 2014. Appearance: Mr.Hirak Mitra, Sr.Advocate with Mr.Sondwip Mukherjee and Ms.Usha Doshi Ld. Advocates for the appellant. Mr.S.N. Mookerhee, Sr.Advocate with Mr.Dhrubo Ghosh, Mr.Sharathi Dasgupta, Mr.U.S. Menon and Mr.Varun Kedia, Ld. Advocates for the respondent. THE COURT:- We heard the appeal from decree for considerable days. The hearing started on February 3, 2014. To accommodate the learned Counsel for both sides we had to wait till July 17, 2014 to close the hearing. Just on the eve of the closure of the hearing we were faced with an application under Order XLI Rule 27 of the Code of Civil Procedure, 1908 filed by the appellant, inter-alia, asking for permission to rely upon three ...
Venus Orchards Pvt. Ltd. Vs. Parekh Aluminex Ltd. and ors.
Court: Kolkata
Decided on: Jul-25-2014
ORDER SHEET G.A.No.844 of 2013 With C.S.No.68 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE VENUS ORCHARDS PVT.LTD.Versus PAREKH ALUMINEX LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 25th July, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Ms.R.Kajaria, Adv.Mr.S.Mukherjee, Adv.Ms.Priyanka Prasad, Adv.Mr.S.Ghose, Adv. for the plaintiff Mr.Suman Dutta, Adv. for the respondent no.1 Mr.Rajesh Upadhyay, Adv. for the respondents Mr.Jayjit Ganguly, Adv.Mr.T.Quasimuddin, Adv. for the respondent Nos.2 and 3 Mr.Aryak Dutt, Adv.Mr.Dipankar Das, Adv. for the IOB The Court: In a suit for recovery of money lent and advanced by the plaintiff to the defendants, the plaintiff applied for judgment on admission, security and injunction. On the application being moved an interim order dated March 19, 2013 was passed. Thereaftrer on June 3, 2013 the order dated March 19, 2013 was modified and the defendants were restrained from dealing with, alienating...
Laser Cables Pvt. Ltd. Vs. Fedders Lloyd Corpn. Ltd. and anr.
Court: Kolkata
Decided on: Jul-25-2014
ORDER SHEET GA No.2158 of 2013 CS No.116 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE LASER CABLES PVT.LTD.Versus FEDDERS LLOYD CORPN. LTD.& ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 25th July, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Ms.R.Kajaria, Adv.Mr.S.P.Mukherjee, Adv.Mr.Soumabha Ghose, Adv.For the plaintiff. Mr.Krishna Raj Thakkar, Adv.Mr.Sudhasatva Banerjee, Adv.Ms.B.Kaur, Adv.For the defendant no.1. The Court:- The suit was for recovery of money and for permanent injunction restraining invocation of bank guarantee. In such suit two applications were filed by the plaintiff. In the fiRs.application being GA No.1104 of 2013 the plaintiff sought for relief with regard to attachment before judgment as well as injunction restraining invocation of the bank guarantee. Interim orders were passed in such applications. In the fiRs.application in addition to the primary reliefs prayed for, the plaintiff sought appointment of Rece...
Greenline Tradelinks Private Limited Vs. Parekh Aluminex Limited and o ...
Court: Kolkata
Decided on: Jul-25-2014
ORDER SHEET G.A.No.1719 of 2013 With C.S.No.178 of 2013 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE GREENLINE TRADELINKS PRIVATE LIMITED Versus PAREKH ALUMINEX LIMITED & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date: 25th July, 2014. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Ms.R.Kajaria, Adv.Mr.S.Mukherjee, Adv.Ms.Priyanka Prasad, Adv.Mr.S.Ghose, Adv. for the plaintiff Mr.Suman Dutta, Adv. for the respondent no.1 Mr.Rajesh Upadhyay, Adv. for the respondents Mr.Jayjit Ganguly, Adv.Mr.T.Quasimuddin, Adv. for the respondent Nos.2 and 3 Mr.Aryak Dutt, Adv.Mr.Dipankar Das, Adv. for the IOB The Court: In a suit for recovery of money lent and advanced by the plaintiff to the defendants, the plaintiff applied for judgment on admission, security and injunction. On the application being moved an interim order dated July 19, 2013 was passed. The defendants were restrained from dealing with, alienating, disposing of, transferring or encumbering its assets. B...
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