Kolkata Court September 2014 Judgments
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Mic Electronics Ltd and anr. Vs. Srei Equipment Finance Ltd.
Court: Kolkata
Decided on: Sep-26-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA3132OF2014WITH APO300of 2014 EC179of 2014 MIC ELECTRONICS LTD & ANR. Versus SREI EQUIPMENT FINANCE LTD.GA3133of 2014 WITH APO301of 2014 EC180of 2014 MIC ELECTRONICS LTD & ANR. Versus SREI EQUIPMENT FINANCE LTD.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 26th September, 2014. Mr.S.N.Mookherjee, Sr.Advocate Mr.Utpal Bose, Sr.Advocate Ms.Anna Malhotra, Advocate Mr.Kaushik Chatterjee, Advocate Ms.Ruby Jaiswal, Advocate for appellants Mr.Jishnu Chowdhury, Advocate Mr.Chayan Gupta, Advocate Mr.S.Sen, Advocate Ms.Narita Datta Chowdhury,Advocate for respondents The Court :- There will be orders in terms of prayers (a) and (b).This Court on earlier occasion by an order dated 21st August, 2014 directed Mr.Soumya Roy, Advocate to act as Sole Receiver in EC180of 2014 and also Mr.Avik Sengupta in EC179of 2014 to make inventory of all the assets upon notice to both the parties. Th...
Punjab National Bank Vs. Nagori Ply Arcade Limited
Court: Kolkata
Decided on: Sep-26-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GA3056OF2014WITH APOT529of 2014 CS293of 2014 PUNJAB NATIONAL BANK Versus NAGORI PLY ARCADE LIMITED BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 26th September, 2014. Mr.Joy Saha, Advocate Ms.Shyantee Datta, Advocate for appellant Mr.Ratnanko Banerjee, Sr.Advocate Mr.Shaunak Mitra, Advocate Mr.Kumarjit Banerjee, Advocate Mr.S.Jhunjhunwala, Advocate for respondent The Court :- We have gone through the impugned order in a suit for specific performance pending before the learned Trial Judge. During the pendency of the trial, Learned Judge directed the appellant bank not to deal with the property or encumber or dispose of the same till further ordeRs.In order to appreciate the stand of the parties it is necessary to narrate in brief what exactly happened, i.e.the background in which the suit is filed. The appellant bank had lent money to the owner of the property which is th...
Sharmila Shetty and anr. Vs. Hemen Barooah Trust and ors.
Court: Kolkata
Decided on: Sep-26-2014
GA No.3165 of 2014 CS No.333 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHARMILA SHETTY & ANR. -VersusHEMEN BAROOAH TRUST & ORS.Appearance: Mr.Pratap Chatterjee, Sr.Adv.Mr.Jishnu Saha, Sr.Adv.Mr.Sakya Sen, Sr.Adv...for the plaintiff. Mr.Ratnanko Banerjee, Sr.Adv.Mr.D.N.Sharma, Adv...for the defendant. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 26th September, 2014. The Court : The plaintiffs have filed this application for an injunction restraining the respondent Nos.3 and 4 from exercising voting rights and to deal with the properties of Hemen Barooah Trust in any manner whatsoever. Mr.Pratap Chatterjee, learned Senior Counsel with Mr.Mr.Jishnu Saha, learned Senior Counsel appearing on behalf of the petitioner submits petitioner No.1, informed the in that a petitioner Hemen Barooah, communication No.1 that the dated the father 24th of August, petitioner No.1 the 2009 was appointed as one of the trustees in Heman Barooah Trust, following...
Tarini Financial Advisory Ltd. and anr. Vs. Krishna Dhar and anr.
Court: Kolkata
Decided on: Sep-26-2014
ORDER SHEET GA No.3676 of 2013 CS No.444 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction TARINI FINANCIAL ADVISORY LTD.& ANR. Versus KRISHNA DHAR & ANR. BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 26th September, 2014. Mr.Sakya Sen, Mr.Anurag Bagaria, Advocates for the petitioneRs.Mr.Dipankar Dhar, Mr.Pallab Mandal, Mr.R.Dhar, Advocates for the respondents. Mr.Ravi Kapoor, Advocate for Essem Enterprises PVT.LTD.The Court : Let the matter appear one week after the Puja Vacation. In the meantime the Special Officer will ensure that the orders dated 11th December, 2013 and 23rd December, 2013 passed by I.P.Mukerji, J. are strictly enforced and/or implemented. It is not in dispute that Mr.Sens client, the plaintiffs are in physical possession of a portion of the concerned premises. It is the contention of the defendants that the plaintiffs are in possession as rank trespassers and they have no right to be in occupation of any portion of the concerned premi...
Asha Tea Company Pvt. Ltd. Vs. United Bank of India
Court: Kolkata
Decided on: Sep-25-2014
ORDER SHEET CS258of 2003 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ASHA TEA COMPANY PVT.LTD.Versus UNITED BANK OF INDIA BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 25th September, 2014. Mr.Sabyasachi Chaudhury, Adv.Mr.Tarun Aich, Adv.Mr.Syed E. Huda, Adv.Mr.Shiladitya Bose, Adv..for the plaintiff. Mr.Amitabha Ghosh, Adv..for the defendant. The Court: The defendant declines to cross-examine the plaintiffs witness. The plaintiff has no further witness to produce. The defendant does not produce any witness. The witness of the plaintiff was in the witness box Yesterday. Accommodation was sought for on behalf of the defendant to take instructions. Mr.Amitabha Ghosh, learned advocate appearing for the defendant undertakes to file Vokalatnama in couRs.of the day. Mr.Mohit Dhawan, Chief Manager of United Bank of India, Kolkata Branch, is present in Court today. On instructions of Mr.Dhawan, Mr.Amitabha Ghosh, learned advocate for the defendant, subm...
Shyam Retails (India) Pvt. Ltd. Vs. M/S. Bajaj Infracon Pvt. Ltd.
Court: Kolkata
Decided on: Sep-25-2014
CP No.711 of 2014 IN THE HIGH COURT AT CALCUTTA ORIGINAL JURISDICTION SHYAM RETAILS (INDIA) PVT.LTD.Versus M/S.BAJAJ INFRACo.PVT.LTD.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 25th September, 2014. Appearance: Ms.Lapita Banerji, Adv.Mr.Kuldip Mallick, Adv.Ms.Anuradha Poddar, Adv.Mr.Shakeel Mohammed Akhtar, Adv.Mr.Akhilesh Shrivastave, Adv.The Court : Having heard the learned advocates for the parties and upon perusing the instant application, it appears that the respondent company is in occupation of the premises belonging to the petitioningcreditor. It also appears that the respondent company maintains its registered office in the said premises. This Court, in a winding-up proceeding, cannot adjudicate as to whether the respondent company is in rightful or in wrongful possession. That is a subject-matter for adjudication in a proceeding before the competent civil Court. However, so far as payment of occupation charges is concerned, there is no manner of doubt whatsoever tha...
Samar Kumar Basu and anr. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-25-2014
ORDER SHEET G.A.No.3136 of 2014 W.P.No.254 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SAMAR KUMAR BASU AND ANR. Versus THE STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 25th September, 2014. Appearance : Mr.Sabyasachi Chowdhury, Adv.Mr.Rajarshi Dutta, Adv.The Court : This is an application seeking interim relief in the pending writ petition with regard to an order dated 20th August, 2014 issued on behalf of the West Bengal Small Industries Development Corporation Limited. It is submitted by the writ petitioner that, the plot in question is under the possession of the West Bengal Small Industries Development Corporation Limited as they have put a padlock thereat. The writ petitioner seeks an interim protection that no further steps be taken by the West Bengal Small Industries Development Corporation Limited relating to the plot concerned till the disposal of the writ petition. In the writ petition, the writ pet...
Abl International Ltd. Vs. Indian Oil Corporation Ltd.
Court: Kolkata
Decided on: Sep-25-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Before: The Honble Justice Debangsu Basak C.S.No.77 of 1995 ABL International LTD.versus Indian Oil Corporation LTD.For the Plaintiff : Mr.Surajit Nath Mitra, Sr.Advocate Mr.Arindam Mukherjee, Advocate Ms.Sananda Mukhopadhyay, Advocate Mr.U.S.Menon, Advocate For the Defendant : Mr.Dhruba Ghosh, Advocate Ms.Ahana Sikdar, Advocate Hearing concluded on : June 05, 2014 Judgment on : September 25, 2014 DEBANGSU BASAK, J. The plaintiff seeks a money decree against the defendant. The plaintiff claims that it demised centrally air-conditioned second, third, and fourth floor of premises No.1, Shakespeare Sarani, Kolkata containing a floor area of about 55,000 square feet and non air- conditioned guest house on the ninth floor containing of about 5,000 square feet for a term of 21 years commencing from the date when the said floors are handed over the defendant. The plaintiff claims that, a supplementary agreement d...
Santimoy Kundu Chowdhujry and ors. Vs. Samir Kumar Kundu Chowdhury and ...
Court: Kolkata
Decided on: Sep-25-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Present : The Honble Justice Arijit Banerjee 25.09.2014 GA3146of 2014 CS978of 1935 Santimoy Kundu Chowdhujry & ORS.versus Samir Kumar Kundu Chowdhury & ORS.Mr.Jishnu Saha, Senior Advocate for the intervenor Mr.H.P.Basu, Advocate with Mr.Debasis Basu, Advocate Mr.Sukrit Mukherjee, Advocate for the petitioners Mr.Prasanta Naskar, Advocate for Ramanath Kundu Chowdhujry, Joint Receivers Mr.Utpal Bose, Senior Advocate with Mr.S.Chatterjee, Advocate MRS.Suchismita Chatterjee (Ghosh) Advocate for the majority coSharers The Court :- This is a partition suit. The instant application has been made by the defendant No.67 praying for sale of four properties of the Joint Estate of the Kundu Chowdhury on as is where is basis. There are three branches of the Kundu Chowdhury. The branch of Late Brojonath Kundu Chowdhury is represented by the defendant no.5, the branch of Late Sitanath Kundu Chowdhury isrepresented by the defendant no.4...
A.Tosh and Sons (India) Limited Vs. HanjIn Shipping Company Limited an ...
Court: Kolkata
Decided on: Sep-25-2014
ORDER SHEET CS No.285 of 1998 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A.TOSH & SONS (INDIA) LIMITED Versus HANJIN SHIPPING COMPANY LIMITED & ORS. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date :25. h September, 2014. Appearance : Mr. Ravi Kapoor, Adv. Mr. S. S. Bose, Adv. Mr. S. Dasgupta, Adv. Mr. Abhijit Gangopadhyay, Adv. Mr. S Dubey, Adv. The Court : The issues suggested by the parties are settled as follows :- 1. Whether the defendant No.1 is liable to pay a sum of 22,176 [pounds]. in respect of loss relating to cargo shipped by the plaintiff on board vessel M.V. Tiger Spring under Multimodal Transport Document dated 9 August, 1997?.2. Whether the defendant No.2 is liable to pay to the plaintiff a sum of 22,176 [pounds].in respect of loss relating to the goods covered under the Marine 2 Cargo/Inland Transit Policy of Insurance bearing No.100700/21/97/43/00168 covering all risks?.3. Whether the defendants are liable either jointly or several...
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