Kolkata Court September 2014 Judgments
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Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-24-2014
ORDER SHEET GA No.1741 of 2013 With CS No.202 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ASHA AUDIO COMPANY AND PVT.LTD.SAGARIKA MUSIC Plaintiff/Petitioner Versus OM PRAKASH SONIK & ORS.Defendant/Respondent BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 24th September, 2014. For Plaintiff/Petitioner : Mr.S.S. Banerjee, Advocate Ms.Bitika Kaur, Advocate For Defendant No.7 For Defendant No.4 : Mr.Mr.Ms.Mr.: Mr.Mr.Debnath Ghosh, Advocate Soumya Roychowdhury, Advocate Soma Rahman, Advocate Sarosij Dasgupta, Advocate Abhrajit Mitra, Sr.Advocate Satadip Bhattacharya, Advocate The Court : By an order dated 29th August, 2014 liberty was given to the plaintiff to file a supplementary affidavit within a fortnight from that date. The plaintiff was also directed to serve a copy of such affidavit on the parties including the added defendant No.7. Today Mr.Roychowdhury, learnes counsel for the added defendant No.7 submits that copy of such supplement...
W.B. Small Industries Dev. Corporation Vs. Asok Kumar Dutta
Court: Kolkata
Decided on: Sep-24-2014
ORDER SHEET CS NO.237 OF2002IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE IN THE MATTER OF : W.B.SMALL INDUSTRIES DEV. CORPORATION Versus ASOK KUMAR DUTTA BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 24th September, 2014. MR.S.SARKAR,ADVOCATE FOR PLAINTIFF MR.KAMALENDU GHOSH,ADVOCATE FOR DEFENDANT The Court : The witness of plaintiff is present. The learned advocate for the defendant is unable to cross-exam the witness of the plaintiff and seeks further time. The suit is pending since 2002. By order dated August 22, 2014 accommodation sought for on behalf of the defendant was granted with the specific observation that in no case the defendant will get an adjournment on the next date for hearing. In such circumstances, the cross-examination of the witness of the plaintiff is closed. The plaintiff has no other witness to produce. The evidence on behalf of the plaintiff is closed. The defendant is called upon to produce his witness. It is submitted ...
Criss Niryat Pvt. Ltd. and anr. Vs. Naresh Kumar Agarwal and ors.
Court: Kolkata
Decided on: Sep-24-2014
GA No.3073 of 2014 CS No.363 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE CRISS NIRYAT PVT.LTD.& ANR. Versus NARESH KUMAR AGARWAL & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 24th September, 2014. Appearance: Mr.Chanchal Dutta, Adv.Mr.A.Sinha, Adv.The Court : A notice of this application has not been served upon the bank. The learned counsel for the petitioners submits that on 5th September, 2014, a notice has been issued by the respondent no.1 regarding sale of the factory land and building of the plaintiff no.1. The said notice appears to have been duly sent to the plaintiff no.2 and the defendant no.1. The learned counsel for the defendant no.1, however, submits that he has no instruction in this regard. Since a proceeding under the SARFAESI Act has already been initiated, the Assistant General Manager of the Bank is appointed as a special officer over the stocks, machineries, fixture and other assets and the trees within the factor...
Maskara Infrastructure Pvt. Ltd. Vs. Diamond Shipping Co. Ltd. and ors ...
Court: Kolkata
Decided on: Sep-24-2014
G.A.1564 of 2014 C.S.174 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side MASKARA INFRASTRUCTURE PVT.LTD.Versus DIAMOND SHIPPING Co.LTD.& ORS.BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 24th September, 2014. For Plaintiff/Petitioner : Mr.Jishnu Chowdhury, Advocate For Defendant No.1 : Mr.Asok Bhaumick, Advocate For Defendant No.2 : Mr.Sharmila Basu, Advocate For Defendant No.3 : Mr.S.K.Das, Advocate THE COURT : This is an application by the petitioner for, inter alia, an order of injunction directing the respondents to make over to the petitioner the original Bill of Lading in respect of shipment of 260 MT of 5% broken parboiled rice. On the said application, by an order dated 13th May 2014 I.P.Mukherji, J. directed the fiRs.respondent to deposit a sum of Rs.1,84,000/- without prejudice to their rights and contentions with the Advocate-on-Record for the second respondent. It was also directed that if the fiRs.respondent did not make the ab...
Dankuni Steels Limited Vs. Sarat Chatterjee and Co.(Vsp) Private Limit ...
Court: Kolkata
Decided on: Sep-24-2014
APO No.293 of 2014 CC No.16 of 2014 CS No.77 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE DANKUNI STEELS LIMITED Versus SARAT CHATTERJEE & CO.(VSP) PRIVATE LIMITED & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ASHIM KUMAR BANERJEE Date : 24th September, 2014. For Appellant : Mr.Ranjan Deb, Sr.Advocate Ms.Noelle Banerjee, Advocate For Respondent No.1: Mr.Arik Banerjee, Advocate For Respondent No.2: Mr.Mr.Mr.Mr.S.N.Mitra, Sr.Advocate Ratnanko Banerji, Sr.Advocate D.N.Sharma and S.N.Pandey, Advocates For Respondent No.4: Mr.Jishnu Chowdhury, Advocate The Court : The fiRs.respondent herein admits receipt of quantity of 29380 MT and 26250 MT of Met Coke, brought into vessels by him as handling agent and transferring and unloading the same at Custom Bonded Warehouse. Surprisingly, in other paragraphs though he says certain quantity was delivered to one or the other respondents, he comes out with a statement that he has no ...
Santimoy Kundu Chowdhury and ors. Vs. Samir Kumar Kundu Chowdhury and ...
Court: Kolkata
Decided on: Sep-24-2014
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Present : The Honble Justice Arijit Banerjee 24.09.2014 GA2865of 2014 CS978of 1935 Santimoy Kundu Chowdhury & ORS.versus Samir Kumar Kundu Chowdhury & ORS.Mr.Jishnu Saha, Senior Advocate with Mr.S.S.Banerjee, Advocate Ms.Radhika Singh, Advocate Ms.Arpita Saha, Advocate Ms.Sayanti Nandi, Intervenor for the Pratap Properties PVT.LTD.Mr.Utpal Bose, Senior Advocate with Mr.Debdutta Sen, Advocate for the majority co-sharers of the Estate Mr.Debasish Basu, Advocate for Soumitra Kundu Chowdhury, Joint Receivers to the Estate of Kundu Chowdhury The Court :- This is an application filed by one Pratap Properties LTD.praying for leave to be examined pro interesse suo in respect of its right, title and interest over and in respect of the premises no.67, Salkia School Road, Howrah and for other reliefs. It is the case of the applicant that on 18th July, 2014, the Officers of the Golabari Police Station visited the applicants said pr...
Uttarayan Cold Storage Pvt. Ltd. and ors. Vs. United Bank of India and ...
Court: Kolkata
Decided on: Sep-24-2014
ORDER SHEET WP No.919 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE UTTARAYAN COLD STORAGE PVT.LTD.& ORS.Versus UNITED BANK OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 24th September, 2014. Mr.Amitava Das, Adv.Mr.Saurabh Mitra, Adv.Mr.Gaurav Purkayastha, Adv.Mr.Sudip Das, Adv..for the petitioneRs.Mr.Aniruddha Roy, Adv.Mr.Sarajit Kumar Ghosh, Adv..for the respondents. The Court: The grievance of the writ petitioners is directed against an order dated August 28, 2014 passed by the Debt Recovery Tribunal (II) Kolkata. It is contended on behalf of the writ petitioner that the learned Tribunal has directed filing of notes of arguments without affording the writ petitioner any opportunity to make oral submissions. According to the writ petitioner, the order impugned is against the principles of natural justice as the writ petitioner has been denied an opportunity of oral hearing by the Tribunal. On behalf of the bank it is pointed ...
Omr Travel Access Pvt. Ltd. Vs. Magma Fincorp Ltd.
Court: Kolkata
Decided on: Sep-24-2014
ORDER SHEET AP No.1512 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE OMR TRAVEL ACCESS PVT.LTD.Versus MAGMA FINCORP LTD.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 24th September, 2014. Appearance : Mr.Pramit Roy, Sr.Adv.Mr.Samrat Sen, Adv.Mr.P.Sinha, Adv.The Court : Having heard the learned advocates for the parties and upon perusing the instant application, it appears that the petitioner respondent company has of made having several allegations illegally taken against possession the of vehicles covered under various agreements, including the agreement dated 30th of December, 2010, being proposal No.PG-0028/V/09/0064. So far as those vehicles which are covered under different agreements are concerned, this Court, in the instant proceeding cannot take any cognizance of the same since such vehicles are outside the purview of the agreement dated 30th of December, 2010, as reflected hereinabove. Insofar as those vehicles which have been...
Ratan Jasarasaria Vs. Dy. Director, E.D. Fema 1999 and anr.
Court: Kolkata
Decided on: Sep-24-2014
ORDER SHEET GA NO.487 of 2014 FEA No.1 of 2014 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION ORIGINAL SIDE RATAN JASARASARIA Versus DY. DIRECTOR, E.D.FEMA1999& ANR. BEFORE: The Honble JUSTICE SOUMITRA PAL The Honble JUSTICE ARINDAM SINHA Date : 24th September, 2014. Appearance: Mr.Sudhir Meheta, Adv.for the appellant. Mr.Shomnath Bose, Sr.Adv.Mr.Bhaskar Prosad Banerjee, Adv.The Court : This appeal under Section 35 of the Foreign Exchange Management Act, 1999 has been preferred by the appellant against order dated 10th December, 2013 passed by the Appellant Tribunal for Foreign Exchange in Appeal No.475 of 2003 (Ratan Jasarasaria -versus Deputy Director, Enforcement Director, Foreign Exchange Management Act, 1999) whereby the order of the adjudicating officer finding the appellant guilty was upheld. We find the order under appeal was passed on remand pursuant to the directions of this Court on 28th January, 2010 in FEA No.28 of 2008, GA No.4129 of 2008 (Ratan Jasarasaria versus Dep...
Jupiter International Limited Vs. the National Insurance Company Limit ...
Court: Kolkata
Decided on: Sep-24-2014
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT496OF2014GA2792of 2014 WITH WP357of 2012 JUPITER INTERNATIONAL LIMITED Versus THE NATIONAL INSURANCE COMPANY LIMITED & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 24th September, 2014. Mr.Pratap Chatterjee, Sr.Advocate Mr.Abhrajit Mitra, Sr.Advocate Mr.Anirban Ray, Advocate Mr.Jayanta Sengupta, Advocate Mr.S.N.Pyne, Advocate for petitioner Mr.Bikash Ranjan Bhattacharyya, Sr.Advocate Mr.Rajesh Singh, Advocate for respondents The Court :- The appeal is filed with a delay of 140 days. Therefore, an application for condonation of delay is made by the petitioner. We have gone through the affidavit-in-opposition as well as the reply. As a matter of fact in the appeal itself they have sought for condonation of delay without filing a separate application and this is the main objection taken in the affidavit-in-opposition. As the claim is in respect of an fire insuranc...
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