Kolkata Court August 2014 Judgments
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M/S. Amit Realty Pvt. Ltd. and ors. Vs. M/S. Hindustan Steel Works Con ...
Court: Kolkata
Decided on: Aug-19-2014
ORDER SHEET W.P.No.760 of 2014 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE M/S.AMIT REALTY PVT.LTD.& ORS.Versus M/S.HINDUSTAN STEEL WORKS CONSTRUCTION LTD.BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date: 19th August, 2014. Appearance: Mr.S.Singvi, Adv. for the petitioners Mr.Asit Kr. Bhattacharya, Adv.Mr.S.Gangopadhyay, Adv. for the respondent The Court: This is an application under Article 226 of the Constitution of India as filed by the present writ petitioners challenging the order of the respondent (hereinafter called as H.S.C.L.) dated 19/21.05.2014 being annexure P/15 (page69) vide which the Go Ahead Letter dated 19-04-2013 was cancelled. The matter was heard in presence of the learned Counsel appearing on behalf of the parties. It is submitted by the learned Advocate appearing on behalf of the H.S.C.L.that he will not file any affidavit-in-opposition. It is the view of the Court that it is not necessary in view of the argument. The fact, in ...
Vinod Baid and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-19-2014
ORDER SHEET WP No.761 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE VINOD BAID & ANR. Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date : 19th August, 2014. Appearance : Mr.Reetobroto Mitra, Adv.Mr.Rupak Ghosh, Adv.Mr.Pradip Sarawagi, Adv.for the petitioners Mr.Rabindra Nath Pal, Adv.for Union of India Ms.Aiman Abdullah, Adv.Mr.Sajit Kr. Singh, Adv.for the respondent No.4 The Court : This is an application under Article 226 of the Constitution of India as filed by the present writ petitioners challenging the notice issued by the respondent No.3 (Annexure P-8, page 67 and 69).Heard the learned advocate appearing on behalf of the present writ petitioneRs.It is the sole defence of the present writ petitioners that they resigned from the respondent company with effect from January 30, 1999 and Form No.32 was duly filed by the company to the Registrar of Companies on that very date. They have thus claimed that the notice ...
M/S. Howrah Mills Company Limited Vs. State Trading Corporation of Ind ...
Court: Kolkata
Decided on: Aug-19-2014
ORDER SHEET GA No.2454 of 2014 WITH APOT No.413 of 2014 AP No.1086 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE M/S.HOWRAH MILLS COMPANY LIMITED Versus STATE TRADING CORPORATION OF INDIA LIMITED BEFORE: The Hon'ble JUSTICE JYOTIRMAY BHATTACHARYA The Hon'ble JUSTICE TAPASH MOOKHERJEE Date : 19th August, 2014. Appearance : Mr.R.Bachawat, Sr.Adv.Mr.D.Ghosh, Bar-at-law Mr.A.Mukherjee, Adv.Mr.S.Dasgupta, Adv.Mr.P.G.Das, Adv.for the petitioner Mr.Shiv Shankar Banerjee, Adv.Mr.Arik Banerjee, Adv.for the respondent The Court : This appeal is directed against an interim order passed by the learned Single Judge of this Court on 21st August, 2014 on an application under Section 9 of the Arbitration and Conciliation Act, 1996 which was registered as AP No.1086 of 2014. By the said interim order, the appellant company was restrained from withdrawing any amount or causing any money to be paid out of any of its Bank Accounts wherever it may be situated, with effect from 1...
Sipra Das and ors. Vs. Sri Sri Iswar Narayan Shalgram Jew Thakur and a ...
Court: Kolkata
Decided on: Aug-19-2014
ORDER SHEET ALP15of 2013 IN THE HIGH COURT AT CALCUTTA Extraordinary Original Civil Jurisdiction ORIGINAL SIDE SIPRA DAS AND ORS.Versus Sr.Sr.ISWAR NARAYAN SHALGRAM JEW THAKUR AND ANR. BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 19th August, 2014. Mr.Aniruddha Mitra, Adv.Mr.Soumabha Ghosh, Adv..for the petitioneRs.Mr.Ranjit Chatterjee, Adv.Mr.Prosenjit De, Adv...for the respondents. The Court: In or about 1988, the predecessor-in-interest of the petitioners namely, one Mr.Ramendra Narayan Das filed Title Suit No.125 of 1998 before the Court of Civil Judge, 1st Court, Katwa, Burdwan praying for recovery of possession of a property from the defendant whom the plaintiff described as a trespasser. The suit has been pending for 26 years now. The instant application under Clause 13 of the Letters Patent has been made by the successors-in-interest of the original plaintiff in the Katwa suit for transfer of the suit to this Court. The defendants in the suit have filed affidavitin-opposi...
Accordion Properties Private Limited Vs. Parekh Aluminex Limited and o ...
Court: Kolkata
Decided on: Aug-19-2014
ORDER SHEET CS79of 2013 GA1732of 2013 With GA1141of 2014 GA860of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ACCORDION PROPERTIES PRIVATE LIMITED Versus PAREKH ALUMINEX LIMITED & ORS.BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 19th August, 2014. Mr.Abhrajit Mitra, Adv.Mr.Jishnu Chaudhury, Adv.Mr.Sarbapriya Mukherjee, Adv.Mr.Rajarshi Kajaria, Adv.Mr.Soumabha Ghosh, Adv..for the plaintiff. Mr.Rajesh Upaddhyay, Adv.Mr.Jayjit Ganguly, Adv.Mr.Tarique Quasimuddin, Adv..for the respondent nos.2 and 3. Mr.A.Shah, Adv..for Indian Overseas Bank. The Court: The plaintiff has filed this suit for a money decree for Rs.25,95,890/- along with interim interest and the interest upon judgement @ 20 per cent per annum. In the suit the plaintiff has filed an application praying for judgement upon admission and other reliefs. It is contended by the plaintiff that the respondents have admitted and acknowledged in writing their liabilities to repay the princip...
M/S. Dulichand Finance and Leasing Limited Vs. Sri Dhananjay Sharma an ...
Court: Kolkata
Decided on: Aug-19-2014
ORDER SHEET EC No.208 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.DULICHAND FINANCE & LEASING LIMITED Versus Sr.DHANANJAY SHARMA & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 19th August, 2014 Mr.Mainak Bose, Adv.with Mr.Ramesh Chandra Paul, Adv.Ms.Tutul Das, Adv..for the petitioner Mr.Sakya Sen, Adv.with Ms.Nilanjana Dutta, Adv..for the respondent no.1 The award, which has now become a deemed decree, is less than two yeaRs.However, it appears that the judgment debtor no.1 has filed an application challenging the award under Section 34 of the Arbitration and Conciliation Act, 1996. The said application was dismissed for default. The application for restoration of the setting aside application was dismissed on merits. Against the said order, an appeal was preferred. The Appeal Court while dismissing the appeal by an order dated 1st April, 2014 recorded that the appellant namely, the judgment debtor no.1 has agreed to pay a sum of Rs...
Magma Fincorp Ltd. Vs. Asip Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Aug-19-2014
ORDER SHEET EC5522013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.Versus ASIP PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 19th August, 2014. Mr.P.Sinha, Adv.appeaRs.The Court : The report filed by the agent appointed by the Joint Receivers shows that the assets in question situated at Hyderabad could not be taken possession of due to resistance put by Mr.Virendra Yadav and Mr.Sudesh Yadav. In view of the aforesaid, the Joint Receivers or any one of them or the agent as the case may be shall take possession of the assets in question and shall keep the same at a place to be provided by the decree holder. The jurisdictional Superintendent of Police and the Officer in Charge of the local police station are directed to render all assistance to the Joint Receivers or any one of them or the agent appointed by the Joint Receivers to comply with this order. Since the garnishees have not complied with the direction in terms ...
Jeetendra Rampuria Vs. Deputy Commissioner of Sales Tax,
Court: Kolkata
Decided on: Aug-19-2014
WP No.732 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JEETENDRA RAMPURIA Versus DEPUTY COMMISSIONER OF SALES TAX, AMRATALA CHARGE & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 19th August, 2014. Appearance: Mr.Debanuj Basu Thakur, Advocate Mr.Pranab Dutta, Advocate Mr.P.Dudheria, Advocate The Court: This writ arises out of a Central Sales Tax claim. The revenue has already put its demand into execution. On 11th February, 2014 they issued a notice of attachment to the Branch Manager, IDBI Bank Ltd., 17 Brabourne Road, Kolkata 700 001, with which the petitioner has his bank account, attaching a sum of Rs.7,31,343/-, from the petitioners account number mentioned in the aforesaid notice. It appears that the same has been debited from the account. A revisional application by the petitioner is pending before the West Bengal Commercial Tax Appellate and Revisional Board. Learned Counsel for the petitioner submits that as his client has been able ...
Kamal Kumar Lihalia Vs. Barnaparichay Book Mall Pvt Ltd
Court: Kolkata
Decided on: Aug-19-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ACO1452014 APOT4262014 CP2172014 KAMAL KUMAR LIHALIA Versus BARNAPARICHAY BOOK - MALL PVT LTD AND ACO1472014 APOT4312014 CP2172014 BARNAPARICHAY BOOK MALL PVT.LTD.Versus KAMAL KUMAR LIHALIA BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 19th August, 2014. Appearance : Mr.S.K.Mal, Advocate Mr.B.Das, Advocate Mr.S.Das, Advocate Mr.Suman Dutta, Advocate Mr.Niladri Khanra, Advocate The Court : The parties entered into an agreement wherein the company hired a concrete pump from the creditor whose hiring charges were kept outstanding. The company would say, they continued to avail the service of the pump till they supplied fuel as per the agreement. Subsequently, they asked the creditor to withdraw the pump that he failed to do. Hence, there would be nothing due and payable. The creditor would say, the pump was hired in terms of the contract dated August 19, 2009. ...
Parimal Kumar Ghosh Vs. M/S.Magma Fincorp Ltd.
Court: Kolkata
Decided on: Aug-19-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA23532014 APOT3852014 CC1062012 AND GA23542014 APOT3862014 CC1052012 PARIMAL KUMAR GHOSH Versus M/S.MAGMA FINCORP LTD.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 19th August, 2014. Mr.Sandip Kumar Bhattacharya, Advocate Mr.Suddhadev Adak, Advocate for the appellant. Mr.Mainak Bose, Advocate Mr.K.K.Pandey, Advocate for the respondent. The Court : This appeal would arise out of an order passed in a contempt proceeding on July 18, 2014. Despite best efforts, the Receiver could not take possession of the assets. The judgment-debtor absconded as reported by the Officer-in-Charge, Coke Oven Police Station on July 16, 2014. The learned Judge issued a warrant of arrest against the judgment-debtor. Being aggrieved, the appellant preferred the instant appeals that we heard on the last occasion. Mr.Sandip Kumar Bhattacharya, learned Counsel appearing for the appellan...