Kolkata Court August 2014 Judgments
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Pramila Kumari Baid and ors. Vs. Mansingh Baid and ors.
Court: Kolkata
Decided on: Aug-25-2014
ORDER SHEET C.S.No.250 of 1987 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE PRAMILA KUMARI BAID & ORS.Versus MANSINGH BAID & ORS.BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date: 25th August, 2014. Appearance: MRS.Suparna Mukherjee, Adv.Ms.Aiman Abdullah, Adv.Mr.A.Ghosh, Adv.Mr.Niladri Khanu for the plaintiffs Mr.Chanchal Kr. Dutta, Adv.Mr.R.Dutt, Adv. for the defendant No.20 MRS.Manju Agarwal, Adv. for the defendant Nos.7, 8 & 9 The Court: It is submitted by the learned Advocate appearing on behalf of plaintiffs that the mode of service in respect of the issuance of summons of defendant Nos.16A and 16B has not been fixed by the office. Mr.R.Dutta, learned Advocate appearing on behalf of the defendant no.20, has filed his vakalatnama in Court today and the same be kept with the record. It is submitted by the learned Advocate appearing on behalf of the plaintiffs that the affidavit of service has been filed in respect of the issuance of summons o...
Ajit Kumar Das and ors. Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Aug-25-2014
WP No.723 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AJIT KUMAR DAS & ORS.Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th August, 2014. Appearance: Mr.Mr.Mr.Mr.Sukrit Mukherjee, Advocate S.R.Kakrania, Advocate S.Seni, Advocate S.Kundu, Advocate The Court: The writ petitioners are aggrieved by long pendency of their application for mutation before the Kolkata Municipal Corporation. The Corporation is not quite sure whether the land or a part of it is thika or not. In this connection, on 10th October, 2012 the Assessor Collector (South) wrote to the Controller of Thika Tenancy, Kolkata, asking for his opinion whether the petitioners land was khatal property. Till date there is no clear-cut answer. The application of the petitioners for mutation is held up. An affidavit of service is on record. None appears for Kolkata Municipal Corporation and Controller of Thika. Leave is granted to the Advocate on r...
Landt Finance Limited Vs. Madan Medhi and Another
Court: Kolkata
Decided on: Aug-25-2014
1 ORDER SHEET APOT No.463 of 2014 GA No.2616 of 2014 AP No.326 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE L&T FINANCE LIMITED Versus MADAN MEDHI & ANOTHER BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 25th August, 2014. Appearance: Ms.Ahana Sikdar with Mr.S.Saha Ld. Advocates for the appellant. The Court :- Despite service none appears to oppose this appeal. Hence, we proceed exparte. Parties entered into a loan transaction whereby a sum of Rs.16,27,100/- is still due and payable by the respondent to the appellant. The learned Single Judge directed the Receiver to make an inventory. The Receiver did so. His Lordship discharged the Receiver. Hence this appeal. Ms.Ahaha Sikdar, learned Counsel appearing for the appellant, submits if the respondent is not put to terMs.the asset would be in jeopardy. Ms.Sikdars argument sounds logical. We allow the appeal in part by modifying the order of the learned Single J...
Swapan Kumar Saha and anr. Vs. State Bank of India
Court: Kolkata
Decided on: Aug-25-2014
GA2150of 2014 WITH CS94of 2014 IN THE HIGH COURT AT CALCUTTAORIGINAL SIDE SWAPAN KUMAR SAHA & ANR. VERSUS STATE BANK OF INDIA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th August, 2014. For the plaintiff : Mr.S.Abedin,Advocate Mr.D.Mukherjee,Advocate For the State Bank of India : Ms.Aparajita Das,Advocate The Court :- It appears that by an order dated 18th March,2014, the decision of the State Bank of India dated 1st February,2014 was set aside with a direction upon the bank to make a fresh decision with details and reasons within four weeks from the date of communication of this order. The grievance of the bank is that in spite of notice, the plaintiffs are not appearing. The objection raised by the plaintiffs appears to be that the decision was not taken within a period of four weeks as directed by the order dated 18th March,2014. Be that as it may to avoid any controversy, the appropriate forum for redressal shall hear the petitioner on 8th September,2014 at 12 noon for which n...
Bhartia Steel and Enng. Co. Pvt. Ltd. Vs. Dina Nath Parolia and anr.
Court: Kolkata
Decided on: Aug-25-2014
ORDER SHEET E.O.S.No.58 of 1987 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BHARTIA STEEL & ENNG. Co.PVT.LTD.Versus DINA NATH PAROLIA & ANR. BEFORE: The Hon'ble JUSTICE INDRAJIT CHATTERJEE Date: 25th August, 2014. Appearance: Mr.Arindam Mukherjee, Adv.Mr.A.K.Awasthi, Adv. for the applicant Mr.Pratik Prakash Banerjee, Adv. for the defendants The Court: It is submitted by the learned Advocate appearing on behalf of the defendants that his witness has failed to turn up today of his illness. Perused the order dated 18th August, 2014. The defendant was asked to produce its witness today. His prayer for adjournment is opposed by the learned Advocate appearing on behalf of the plaintiff. It is submitted by him that no medical certificate has been submitted in support of the illness of Mr.Ram Chandra Parolia and that this type of adjournment is being sought for since about a month. It is further submitted that not a single days adjournment is to be given. I...
Pks Ltd. and ors. Vs. State Bank of India
Court: Kolkata
Decided on: Aug-25-2014
GA2231of 2014 WITH CS124of 2014 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE PKS LTD.& ORS.Versus STATE BANK OF INDIA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th August, 2014. For the plaintiff : Mr.Abhrajit Mitra,Advocate For the State Bank of India : Ms.Aparajita Das,Advocate The Court :- It appears that by an order dated 18th March,2014, the decision of the State Bank of India dated 1st February,2014 was set aside with a direction upon the bank to make a fresh decision with details and reasons within four weeks from the date of communication of this order. The grievance of the bank is that in spite of notice, the plaintiffs are not appearing. The objection raised by the plaintiffs appears to be that the decision was not taken within a period of four weeks as directed by the order dated 18th March,2014. Be that as it may to avoid any controversy, the appropriate forum for redressal shall hear the petitioner on 8th September,2014 at 12 noon for which no further notice shall be s...
Landt Finance Limited Vs. Arifun Sessa and Another
Court: Kolkata
Decided on: Aug-25-2014
1 ORDER SHEET APOT No.462 of 2014 GA No.2615 of 2014 AP No.439 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE L&T FINANCE LIMITED Versus ARIFUN SESSA & ANOTHER BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 25th August, 2014. Appearance; Ms.Ahana Sikdar and Mr.S.Saha, ld. Advocates For the appellant. The Court :- Despite service none appears for the respondents. Track record does not show any latest news of service with regard to respondent no.2. Since respondent No.2 could not be served, learned Counsel appearing for the appellant does not press this appeal against the respondent no.2 dismissed against the respondent no.2. and the same is Parties entered into a loan transaction whereby a sum of Rs.10,64,324/- is still due and payable by the respondent to the appellant. The learned Judge directed the Receiver to make an inventory. The Receiver did so. His Lordship discharged the Receiver. Hence this appeal. Ms...
With Mr. Soumabho Ghose and Mr. A. Sarkar, Ad Vs. for Syed Mansoor Ela ...
Court: Kolkata
Decided on: Aug-25-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA G.A.No.2360 of 2014 P.L.A.No.116 of 2012 Testamentary & Intestate Jurisdiction ORIGINAL SIDE In the Goods of Syed Abool Mansoor(Deceased) -AndSyed Mansoor Elahi BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 25th August, 2014. For Reserve Bank of India : Mr.Arijit Chaudhuri, Sr.Adv.with Mr.Soumabho Ghose & Mr.A.Sarkar, Adversus For Syed Mansoor Elahi : Mr.P.K.Das, Sr.Adv.with Md.Hafizullah, Adv.Mr.Chaudhury, learned Senior Advocate, moves this application on behalf of the Reserve Bank of India. He wants the Court to make a slight modification of its order dated 15th March, 2014. He cites a circular dated 11th February, 2013 of the Reserve Bank of India which says that an authorised bank would be permitted to open a NRO account of a person of Bangladesh nationality without the approval of the Reserve Bank of India provided the following two conditions are fulfilled: i) The bank concerned should satisfy itself that the individual is holding valid ...
G.M.Mugma Area, Eastern Coalfields Ltd. Vs. Smt. Kabita Bhunya and ors ...
Court: Kolkata
Decided on: Aug-25-2014
ORDER SHEET GA No.3774 of 2013 GA No.3775 of 2013 APOT No.589 of 2013 WP No.1210 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE G.M.MUGMA AREA, EASTERN COALFIELDS LTD.Versus SMT. KABITA BHUNYA AND ORS.BEFORE: The Hon'ble JUSTICE PRANAB KUMAR CHATTOPADHYAY AND The Hon'ble JUSTICE SUDIP AHLUWALIA Date: 25th August, 2014 Mr.Bijoy Kumar, Adv..for the appellant Mr.Subrata Ganguly, Adv..for the respondents Ref: G.A.No.3774 of 2013 This application has been filed for condoning the delay in preferring the appeal. Having heard the learned Advocate appearing on behalf of the respective parties and considering the averments made in this application, we are satisfied that sufficient reasons have been furnished and adequate grounds have been mentioned in this application for condoning the delay in preferring the appeal. Therefore, the delay in preferring the appeal is condoned. The department is directed to register the appeal, if the same is otherwise in form. Thi...
Demag Cranes and Components (i) Pvt. Ltd. Vs. Ramsarup Industries Ltd. ...
Court: Kolkata
Decided on: Aug-25-2014
GA2157of 2014 WITH CS190of 2014 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE DEMAG CRANES & COMPONENTS (I) PVT.LTD.Versus RAMSARUP INDUSTRIES LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th August, 2014. Mr.Reetabrata Mitra,Advocate appeaRs.Ms.H.Chakraborty,Advocate appeaRs.The Court :- Considering clause (6) of the purchase order, the parties are referred to arbitration. The subject matter of the suit shall be decided in arbitration. Accordingly, in exercise of power under Section 8 of the Arbitration and Conciliation Act,1996 read with Section 89 of the Code of Civil Procedure, the matter is referred to Mr.Dhruba Ghosh, member of the Bar Library Club, High Court, Calcutta as sole Arbitrator to adjudicate the disputes forming the subject matter of the suit at a consolidated remuneration of 1.50 lakhs to be shared by the parties equally. The Arbitrator shall fit the plaint filed in the suit as the statement of claim. The parties are directed to co-operate with the learned A...
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