Kolkata Court September 2014 Judgments
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Mackeil Ispat and Forging Ltd and ors Vs. State Bank of India and ors
Court: Kolkata
Decided on: Sep-19-2014
ORDER SHEET GA No.2560 of 2014 With CS No.302 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MACKEIL ISPAT AND FORGING LTD AND ORS Versus STATE BANK OF INDIA AND ORS BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 19th September, 2014. Appearance: Mr.Anindya Kr. Mitra, Sr.Adv.Mr.Ranjan Bachawat, Sr.Adv.Mr.A.Das, Adv.Mr.S.C.Shrivastava, Adv.Mr.Pradeep Kumar, Adv.Mr.C.K.Lal, Adv.The Court : Mr.Anindya Kr. Mitra, learned senior counsel appearing on behalf of the petitioner referred to the impugned order dated 30th July, 2014, wherefrom it appears that the petitioner was taken out from the benefits of CDR mechanism. It is of submitted principal of that the natural said order justice. was passed During the in violation pendency of this proceeding on 1st September, 2014, I have passed an order directing consortium of bank to reconsider the CDR on the basis of the representation that may be made by the petitioner. It appears that on 6th September, 2014 ...
Sudhir Rai and Others Vs. the Registrar of Companies, West Bengal and ...
Court: Kolkata
Decided on: Sep-19-2014
Form No.J.(2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side Present : The Honble Chief Justice MRS.Manjula Chellur And The Honble Justice Ashim Kumar Banerjee A.P.O.No.270 of 2014 Sudhir Rai and Others versus The Registrar of Companies, West Bengal and Another For the Appellants : Mr.Ratnanko Banerjee, Senior Advocate MRS.Manju Bhutoria, Advocate For the Respondents : MRS.Asha G. Gutgutia, Advocate Heard on : September 1, 2014, Judgment on : September 19, 2014. ASHIM KUMAR BANERJEE, J. : BACKDROP: Registrar of Companies issued several show cause notices, firstly to inspect the records of the Company, Narbheram and Company Limited. After causing inspection he issued several show cause notices in May 2008 contemplating proceedings to be initiated against the directors of the Company under Section 209(3)(b).217(3).297, 209(1) and 292(1)(e) of the Companies Act 1956 (hereinafter referred to as the said Act of 1956) alleging various irregularities in maintaining t...
Subir Kanta Dey and anr. Vs. Usha Mutual Benefit Society Limited
Court: Kolkata
Decided on: Sep-19-2014
APOT No.517 of 2014 GA No.2976 of 2014 GA No.2978 of 2014 CS No.131 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SUBIR KANTA DEY & ANR.VersusUSHA MUTUAL BENEFIT SOCIETY LIMITED BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 19th September, 2014. For Appellants : Ms.Dalia Bhattacharya, Advocate For Respondent: Mr.Anuj Singh, Mr.S.E.Huda and Mr.S.Sengupta, Advocates The Court : The appeal is barred by 9(nine) days delay. Causes shown being sufficient, delay is condoned. The appeal is taken on record. The application for condonation of delay is disposed of. This appeal would arise out of an order whereby the Learned Single Judge recalled the decree passed in a suit in absence of the decree-holder. Ms.Dalia Bhattacharya, learned Counsel appearing for the appellants, would contend, in absence of the decree-holder His Lordship should not have recalled the decree. Per contra, learned Counsel appearing for the respo...
indus Towers Limited and ors Vs. the Kolkata Municipal Corporation and ...
Court: Kolkata
Decided on: Sep-19-2014
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side/ Appellate Side Present: The Honble Justice Soumitra Pal. W.P.No.11 of 2013 G.A.No.3503 of 2013 Indus Towers Limited & Ors Versus The Kolkata Municipal Corporation and ORS.With W.P.No.420 of 2013 G.A.No.807 of 2014 Chennai Network Infrastructure LTD.& ORS.Versus Kolkata Municipal Corporation & Anr. With W.P.No.339 of 2014 Viom Net Works Limited & Anr. Versus Kolkata Municipal Corporation & ORS.With W.P.No.388 of 2014 Dishnet Wireless Limited & ORS.Versus The Kolkata Municipal Corporation and ORS.With W.P.No.15748 (W) of 2014 Indus Towers Limited & ORS.Versus Kanchrapara Municipality & ORS.W.P.No.11 of 2013 For the Petitioners : Mr.Mr.Mr.Mr.Jishnu Saha, Senior Advocate, Atish Ghosh, Arindam Chandra, Souvik Ghosh. For the K.M.C : Mr.Aloke Kumar Ghosh, Mr.S.Chowdhury, Mrs.S.Ghosh. W.P.No.420 of 2013 For the petitioners : Mr.L.K. Gupta, Senior Advocate, Mr.S.Banerjee, Mr.Chayan Gupta, Mr.D.Bhattacharyay, Ms.N.D.Ch...
Titan Engineering Co. P. Ltd. Vs. Prakash Trading Co. and ors.
Court: Kolkata
Decided on: Sep-18-2014
ORDER SHEET CP717of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE TITAN ENGINEERING CO.P.LTD.Versus PRAKASH TRADING Co.& ORS.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 18th September, 2014. Appearance: Ms.Jayshree Saha, Adv..for the petitioner. Mr.Chyan Gupta, Adv..for the company. The Court: Let the affidavit of service filed in Court today be taken on record. Having heard the learned advocate for the parties and upon perusing the instant application, it appears that the contents of the statutory notice dated 25th March, 2014, issued by the petitioning creditor, have been clearly admitted by the respondent company in its reply dated 1st April, 2014. In view of such clear acknowledgement of debt and the companys inability to pay off its debt, it is liable to be wound up. The company petition, therefore, is admitted for a total sum of Rs.25,13,417/-(minus Rs.3.75 lakhs) together with interest at the rate of 7 per cent per annum, to be calculated from ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-18-2014
ORDER SHEET CP No.705 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF : M/S.R.B.HOR5TICULTURE & ANIMAL PROJECTS LTD.AND IN THE MATTER OF : SACHINDRA NATH MANDA BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 18th September, 2014. Appearance : Mr.Arun Kumar Das, Adv.for the petitioner The Court: Let affidavit of service filed in Court today be taken on record. In spite of service, the company remains unrepresented even at the time of second call. The petitioners claim is on account of fixed deposit receipts issued by the respondent company for a total amount of Rs.1,10,000/-. Those fixed deposit receipts have matured on various dates between July, 2012 and January, 2014. The statutory notice dated 25th May, 2014 was not replied to by the company. As such, there is a presumption of the companys inability to pay its debts. In such circumstances, the company is liable to be wound up. Accordingly, the petition is admitted for a sum of Rs.1,10...
Poddar Projects Ltd. Vs. Commissioner of Income Tax, Kolkata Iv
Court: Kolkata
Decided on: Sep-18-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITA No.845 of 2004 PODDAR PROJECTS LTD.Versus COMMISSIONER OF INCOME TAX, KOLKATA - IV BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE DEBANGSU BASAK Date : 18th September, 2014. Md.Nizamuddin, Advocate. The Court : None appears on behalf of the revenue when the matter is called on. Md.Nizamuddin, learned advocate, who normally appears on behalf of the revenue, is requested to appear in this matter. Learned Central Government advocate is directed to regularize the appointment of Md.Nizamuddin. The appeal was admitted on the following questions : i) Whether the Income Tax Appellate Tribunal ought not to have held that the surcharge on municipal tax was part of the rent and/or annual value for the purposes of section 23(1) of the Income Tax Act, 1961 as it stood prior to its amendment by the Finance Act, 2001 with effect from 01.04.2002 ?. ii) Whether on the facts and in the circumstanc...
Sri Prahlad Ray Khaitan and anr. Vs. Mohanlal Khaitan and ors.
Court: Kolkata
Decided on: Sep-18-2014
GA No.2378 of 2012 CS No.139 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Sr.PRAHLAD RAY KHAITAN & ANR. Versus MOHANLAL KHAITAN & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18th September, 2014. Appearance: Mr.S.S.Bose, Adv.The Court : This is an application for rejection of the plaint on the ground of misjoinder of cause of action and nonjoinder of parties. The other objection appears to be that the plaint has been verified by the constituted attorney, according to the applicant. Since the suit is for partition, the plaintiff ought to have verified the plaint and not through a constituted attorney. The plaintiff has instituted this suit for partition of the joint estate described in paragraphs 41 and 42 of the plaint. The plaintiff claims that the private companies are in the nature of family companies acquired out of the joint stock and on that basis filed the suit for partition. At this stage the averments made in the plaint are req...
M/S. P. C. Chandra and Sons (India) Pvt. Ltd. and anr. Vs. Deputy Comm ...
Court: Kolkata
Decided on: Sep-18-2014
WP No.911 of 2014 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE M/s.P.C. Chandra & sons (India) PVT.LTD.& Anr. Versus Deputy Commissioner of Income Tax Officer, Circle I, Kolkata & ORS.Before: The Hon'ble Justice I.P.MUKERJ.Date: 18th September 2014 Appearance: Mr.J.P. Khaitan, Sr.Advocate Mr.G.S. Gupta, Advocate Ms.Sweta Ghatak, Advocate for the petitioners MRS.Smita Das De, Advocate for the respondents The Court: The concerned assessment order is 2011-2012. There is a demand from the Income Tax Department upon the assessee-writ petitioner for a sum of Rs.12,11,86,487/-. Against the assessment order in question the assessees appeal before the Commissioner of Income Tax (Appeals) is pending. By an order dated 17th July 2014 passed under Section 220(6) of the Income Tax Act, 1961 the assessee was required to pay 50% of the total demand in the following manner: Rs.2.10 crores i.e.10% of the above demand immediately and the balance 40% i.e.Rs.8.40 crores in...
L and T Finance Ltd. Vs. M/S. Nishant Trading Company and anr.
Court: Kolkata
Decided on: Sep-18-2014
1 EC547of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE L & t FINANCE LTD.VERSUS M/S.NISHANT TRADING COMPANY & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 18TH SEPTEMBER, 2014. Mr.Paritosh Sinha,Advocate appeaRs.Mr.Samir Kr. Dhar,Advocate appeaRs.The Court : - The judgment-debtor No.1 has filed an application for setting aside of the award dated 20.4.2009. The learned Counsel appearing on behalf of the judgment-debtor No.1 submitted that the wife of the judgment-debtor No.1 has not been impleaded in the arbitration proceeding. Instead one MRS.Puja Jaiswal has been impleaded. Mr.Sinha submits that the decree-holder shall not proceed against MRS.Puja Jaiswal in this execution application. Mr.Sinha submits that the award is of 2009 and, accordingly, an application for setting aside of the award is ex facie barred by limitation. The learned Counsel for the judgment-debtor No.1 submits that the judgment-debtor No.1 had no notice of the said award and the application for setting as...
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