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Kolkata Court September 2014 Judgments

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Sep 25 2014

Unit Construction Co. Pvt. Ltd. Vs. Municipal Corporation of Delhi and ...

Court: Kolkata

Decided on: Sep-25-2014

ORDER SHEET GA24302014 CS3012012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UNIT CONSTRUCTION Co.PVT.LTD.Versus MUNICIPAL CORPORATION OF DELHI & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th September, 2014. Mr.S.Sen, Sr.Adv.appeaRs.The Court : In spite of service, none appears on behalf of the plaintiff. This is an application for addition of the applicant as the defendant no.4. It is stated in the petition that pursuant to the Delhi Municipal Corporation (Amendment) Act, 2011 vide notification no.F.14(12)/LA-2011/LC Law/200, dated December 29, 2011 published in the Delhi Gazette, Extra. No.212 dated December 29, 2011 which came into force on January 13, 2012 vide F. No.13(76)/UD/MB/2011/Cd-021169460/745, dated January 13, 2012 the Government established three corporations, viz. the North Delhi Municipal Corporation, the South Delhi Municipal Corporation and the East charged with the Municipal Government of Delhi. Delhi Municipal Corporat...


Sep 25 2014

Alokesh Mallick Vs. Pulokesh Mallick

Court: Kolkata

Decided on: Sep-25-2014

IN THE HIGH COURT AT CALCUTTA Testamentary and Intestate Jurisdiction Original Side Present : The Honble Justice Arijit Banerjee 25.09.2014 GA39of 2013 PLA195 of 1973 In the Goods of : Byomkesh Mallick (Decd.) In the matter of : Alokesh Mallick versus Pulokesh Mallick Mr.Dipak Basu, Senior Advocate for the applicant Mr.Arup Kumar Chatterjee, Advocate for the executor The Court :- Byomkesh Mallick, since deceased, owned diveRs.immovable properties in Hooghly and Madhupur. Byomkesh Mallick died in the year 1971 having made and published his last Will and Testament under which he appointed his eldest son Sr.Pulakesh Mallick as the executor. The present applicant is another son of Byomkesh Mallick. The applicants grievances that the executor is not furnishing particulars of how he has dealt with the properties of Byomkesh Mallick. An order was passed on this application on 9th January, 2013 by I.P.Mukerji, J. directing the executor to disclose in the affidavit in opposition an inventory of...


Sep 25 2014

Appellant Vs. Respondent

Court: Kolkata

Decided on: Sep-25-2014

ORDER SHEET GA2944of 2013 CS127of 1996 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHIW KUMAR GUPTA Plaintiff Versus PRITHIRAJ GUPTA & ANR. Defendants BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 25th September, 2014. For Plaintiff : Mr.Sakya Sen, Advocate Mr.Chanchal Dutta, Advocate Ms.Krishna Mullick, Advocate For Defendant No.1 : Mr.Amitava Das, Advocate Mr.A.B. Dutta, Advocate For Defendant No.2 : Mr.Malay Kumar Ghosh, Advocate The Court : This is a partition suit. Four properties are involved. The plaintiff and the defendants are brotheRs.The present application has been made by the plaintiff for a direction on the Commissioner of partition to file a comprehensive report by allotting the properties to the respective parties in accordance with their choice exercised by them and to make necessary provisions for payment of owelty money by the respective parties considering the valuation done of the three properties earlier and accepted by ea...


Sep 25 2014

A.B.P. Pvt. Ltd. Vs. Mrs. Jyoti JaIn and anr.

Court: Kolkata

Decided on: Sep-25-2014

ORDER SHEET CS65of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE A.B.P.PVT.LTD.Versus MRS.JYOTI JAIN & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 25th September, 2014. Appearance: Mr.Amitabha Ghosh, Adv.Mr.S.S.Bose, Adv.Mr.S.Datta, Adv.Mr.U.Pramanik, Adv..for the plaintiff The Court: Few typographical errors in the judgement and order dated September 3, 2014 is pointed out. The appearance of the advocates for the respective parties should be as follows : Appearance: Mr.Sudip Ghosh, Adv.Mr.Subhasish Mitra, Adv..for the defendant no.1. Mr.Amitabha Ghosh, Adv.Mr.S.S.Bose, Adv.Mr.S.Datta, Adv..for the plaintiff. The fiRs.in the second paragraph at page 9 should read as follows:In the instant suit the defendant no.1 claims that she is not liable since her sole proprietorship concern changed to a partnership and that such partnership stood dissolved on November 1, 2000 much prior to the date of the 1st release of the advertisement being Jan...


Sep 25 2014

Jyoti Service Station Vs. Hindustan Petroleum Corporation Ltd. and ors ...

Court: Kolkata

Decided on: Sep-25-2014

ORDER SHEET WP No.914 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JYOTI SERVICE STATION Versus HINDUSTAN PETROLEUM CORPORATION LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 25th September, 2014. Appearance: Mr.Ajay Debnath, Adv.Mr.Devranjan Das, Adv..for the petitioner. Mr.Debajyoti Datta, Adv.Ms.Rakhshanda Qamar, Adv..for the HPCL The Court : The writ petitioner challenges a letter dated September 3, 2014, issued by the respondent no.1 calling upon the writ petitioner to vacate the premises occupied by it. The writ petitioners are in possession of an immovable property pursuant to a dealership agreement between the writ petitioner no.1 and the respondent no.1. The writ petitioners want to continue in possession of such property. It is submitted on behalf of the writ petitioner that, a dealership agreement was entered into between the writ petitioner and the respondent no.1. Initially the respondent no.1 wrongfully suspended su...


Sep 25 2014

Vastav Dealers Pvt. Ltd. Vs. Santosh Sen and ors.

Court: Kolkata

Decided on: Sep-25-2014

ORDER SHEET APOT5282014 GA30812014 CS902011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE VASTAV DEALERS PVT.LTD.Versus SANTOSH SEN & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 25th September, 2014. Mr.Manju Bhuteria, Advocate Mr.Rajarshi Dutta, Advocate for the appellant. Mr.Raj Ratna Sen, Advocate Mr.Reetobroto Mitra, Advocate for the respondent. The Court : The prayer for filing of the written statement was rejected. Hence, this appeal at the instance of the defendant. The suit was filed in 2011 whereas the application for extension was made in 2013. The learned Judge was perhaps not satisfied with the conduct of the defendant that would be ex facie apparent from the judgment and order impugned. Mr.Raj Ratna Sen, learned Counsel appearing for the plaintiffs, would support the judgment and order by saying that the conduct of the appellant is deplorable. Even if we give full credence to what Mr.Sen would say...


Sep 25 2014

Ambay Coke Industries Pvt. Ltd. Vs. State Bank of India

Court: Kolkata

Decided on: Sep-25-2014

ORDER GA No.3043 of 2014 CS No.129 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction AMBAY COKE INDUSTRIES PVT.LTD.Versus STATE BANK OF INDIA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th September 2014. Appearance: Mr.Siddhartha Banerjee, Advocate Ms.Amrita Khatoon, Advocate ...for the petitioner. Mr.Soumo Roy, Advocate Mr.Abu Siddique Mallick, Advocate ...for the respondent. The Court: Although an application has been filed for rejection of the plaint, the principal relief claimed by the bank in this proceeding is vacating of an order of injunction restraining the defendant bank from taking any coercive measure. It is submitted that a notice under Section 13(2) of the SARFAESI Act has been issued by the defendant. However, by reason of the order passed by this Court restraining the defendant from taking any coercive measures, the defendant is unable to proceed with the SARFAESI proceeding. The order of injunction is modified and/or clarified to the exten...


Sep 25 2014

Sterling Bolts Pvt. Ltd. Vs. Punj Lloyd Ltd.

Court: Kolkata

Decided on: Sep-25-2014

CS No.3129 of 2014 CS No.126 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE STERLING BOLTS PVT.LTD.-VersusPUNJ LLOYD LTD.Appearance: Mr.Reetobroto Mitra, Adv...for the plaintiff. Mr.Jishnu Chowdhury, Adv.Mr.S.Ghosh, Adv...for the defendant. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th September, 2014. The Court : This is an application for revocation of leave granted under Clause 12 of the Letters Patent on the ground that the delivered subject invoice under contains to a Howrah which the jurisdiction jurisdiction. goods have clause which Although it been sold and mentions that has been not specifically mentioned that all the disputes are required to be resolved by the Courts at Howrah and jurisdiction for the purposes of all disputes are to be resolved by the Civil Court at Howrah but the intention of the parties to have their disputes resolved at Howrah is quite eminent. Mr.Jishnu Chowdhury, learned counsel appearing on behalf of the de...


Sep 25 2014

Andew Yule and Company Limited Vs. Commissioner of Central Excise, Kol ...

Court: Kolkata

Decided on: Sep-25-2014

ORDER SHEET GA NO.2918 of 2014 CEXA No.8 of 2014 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(CENTRAL EXCISE) ORIGINAL SIDE ANDEW YULE AND COMPANY LIMITED Versus COMMISSIONER OF CENTRAL EXCISE, KOLKATAIII COMMISSIONERATE BEFORE: The Honble JUSTICE SOUMITRA PAL The Honble JUSTICE ARINDAM SINHA Date : 25th September, 2014. Appearance: Mr.J.P.Khaitan, Sr.Adv.Mr.Sanjoy Bhowmick, Adv.Mr.A.Guha, Adv.Ms.S.Roy Chowdhury, Adv.Mr.Saraf, Adv., for the respondent. The Court : This appeal has been field by the appellant against order dated 7th March, 2014 passed by the learned CustoMs.Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata in Miscellaneous Application no.70649/2013, Stay Petition No.70648/2013 and Excise Appeal No.70652/2013 on the following question: Whether the Tribunal was justified in law in not condoning the delay of 338 days in preferring the appeal and its purported findings dismissing the application for condonation of delay as well as the stay applicatio...


Sep 25 2014

Columbia GraIn International Inc. Vs. R. Piyarelall Import and Export ...

Court: Kolkata

Decided on: Sep-25-2014

EC No.590 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE COLUMBIA GRAIN INTERNATIONAL INC. Versus R. PIYARELALL IMPORT AND EXPORT LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th September, 2014. Appearance: Mr.Ranjan Bachawat, Sr.Adv.Mr.Sanjay Ginodia, Adv.Mr.Ravi Kapur, Adv.Ms.Pubali Sinha Chowdhury, Adv.Mr.Manoj Kumar Tiwari, Adv.Mr.Kausik Chatterjee, Adv.Mr.Asok Bhaumik, Adv.The Court : A contested foreign award is being filed in this Court for enforcement. The award-holder has fulfilled the conditions of Section 47 of the Arbitration and Conciliation Act, 1996. Mr.Ranjan Bachawat, learned senior counsel appearing on behalf of the award-holder, submits that the judgment-debtor has unsuccessfully challenged the award before the Alipore Court by filing an application under Section 34 of the Arbitration and Conciliation Act, 1996. As of date, it is submitted that no application for setting aside of the award is pending before any Cou...


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