Kolkata Court September 2014 Judgments
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Pawan Kr. Tebrewalla and ors. Vs. Mrs. Set Suko Sarkar and ors.
Court: Kolkata
Decided on: Sep-24-2014
ORDER SHEET EOS No.12 of 1999 IN THE HIGH COURT AT CALCUTTA Extra-ordinary Original Civil Jurisdiction ORIGINAL SIDE PAWAN KR. TEBREWALLA & ORS. Versus MRS. SET SUKO SARKAR & ORS. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date :24. h September, 2014. Mr. Asish Kr. Chakraborty, Adv. for the plaintiffs Mr. Dhruba Ghosh, Adv. for defendant No.2 The Court : The plaintiffs submit that the suit is settled between the plaintiff and the defendant nos. 1 and 3. The plaintiffs file a terms of settlement signed by the defendant nos. 1 and 3. The plaintiffs seek a decree in terms of the terms of settlement against the defendant nos. 1 and 3. The defendant No.2 opposes the acceptance thereof, however, without any cogent ground. The defendant No.3 is present in person in Court. The terms of settlement is duly executed by the plaintiffs and the defendant nos. 1 and 3. The same be accepted and a decree be passed in accordance therewith. It is submitted on behalf of the plaintiffs, on instruction, tha...
Anand Collections Pvt. Ltd. and anr. Vs. Ing Vysya Bank Ltd. and ors.
Court: Kolkata
Decided on: Sep-24-2014
ORDER SHEET WP No.917 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ANAND COLLECTIONS PVT.LTD.& ANR. Versus ING VYSYA BANK LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 24th September, 2014. Mr.Mainak Bose, Adv.Mr.V.P.Rao, Adv.Miss. A.Rao, Adv.Mr.K.V.Biswanathan, Adv.Mr.S.N.Bera, Adv.The Court: The petitioner, a borrower of a bank, complains that, the bank having initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, has lunched criminal proceedings on the selfsame cause of action under Section 156(3) of the Criminal Procedure Code and that, such proceedings are mala fide. It is also contended on behalf of the petitioner that, the bank is taking possession of secured assets through the criminal proceedings. They ought to take the same through the SARFAESI Act, 2002. Not having done so, shows the mala fide nature of the criminal proceedings. Writ petitioner...
Rajda Industries and Exports Pvt Ltd. and ors. Vs. Mahesh Kumar Prahla ...
Court: Kolkata
Decided on: Sep-24-2014
APO No.370 of 2012 CS No.214 of 2011 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RAJDA INDUSTRIES & EXPORTS PVT LTD.& ORS.Versus MAHESH KUMAR PRAHLADKA & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE ASHIM KUMAR BANERJEE Date : 24th September, 2014. For Appellants : Mr.Abhrajit Mitra, Sr.Advocate Mr.Satadip Bhattacharya, Advocate For Respondents: Mr.S.N.Mookherji, Sr.Advocate Mr.Ratnanko Banerji, Sr.Advocate Mr.Sudip Deb, Advocate For CESC : Mr.Somenath Bose, Advocate The Court : This matter was heard by the other Division Bench, when Mr.Aloke Chakrabarti, a former Judge of this Court, was appointed mediator. Matter was time to time adjourned to enable the parties to have a workable solution through mediation. Ultimately, the process failed. When we enquired into as to the reason for failure, the parties would inform us the stumbling block that we gather from the parties, was proportionate share of maintenance to be paid by t...
Swabhumi Infratech Pvt. Ltd. Vs. Ramel Industries Ltd.
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET AP No.1129 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SWABHUMI INFRATECH PVT.LTD.Versus RAMEL INDUSTRIES LTD.BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 22nd September, 2014. Appearance : Mr.Niladri Khanra, Adv.for the petitioner. The Court: Let photocopy of the receipt issued by the High Court Legal Services Authority, Calcutta, indicating cost of 50 Gms paid in terms of the Courts order dated 17th September, 2014 be taken on record. Let the affidavit of service filed in Court today be taken on record. This is an application under section 11 of the Arbitration and Conciliation Act. The respondent remains unrepresented in spite of service. The petitioner and the respondent appear to be governed by an arbitration agreement as contained under clause 14 of an agreement dated 27th February, 2012 entered by and between the petitioner on one hand and the respondent on the other. The arbitration clause was invoked by the peti...
M/S.Bcl Financial Ltd. [In Liqn.] Vs. Niranjan Lal Todi Vs the O/L and ...
Court: Kolkata
Decided on: Sep-22-2014
1 ORDER SHEET APOT No.456 of 2014 ACO No.163 of 2014 CP No.86 of 2005 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE M/S.BCL FINANCIAL LTD.[IN LIQN.].Versus NIRANJAN LAL TODI -versus THE O/L & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 22nd September, 2014. Appearance: Mr.Joy Saha, Mr.Pradip Sancheti and Mr.R.Medora, ld. Advocates For the appellant. Mr.Jishny Saha, Sr.Advocate with Mr.Debnath Ghosh, ld. Advocate For respondent Nos.2 and 3. Mr.Dipak Basu, Sr.Advocate with Mr.Krishnanda Mukjherje, Advocate For the Official Liquidator. The Court :- This appeal would arise out of an order passed in a Company petition. The Company basically is a non-banking financial institution which collected deposits from private individuals throughout the country particularly in West Bengal, Jharkhand, Maharastra, Gujrat, Chatrisgarh and Madhya Pradesh. There are disputes amongst the Directors inter se for which the Company Law...
M/S. Continental Inland Traders and ors. Vs. Steelco Gujrat Ltd.
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET G.A.No.4 of 2014 C.S.No.117 of 2002 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.CONTINENTAL INLAND TRADERS & ORS.Versus STEELCO GUJRAT LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd September, 2014. Appearance : Mr.K.R. Thakkar, Adv.Mr.S.Dey, Adv.Mr.I.Basu, Adv. for the petitioner Mr.Joy Saha, Adv.Ms.B.Roy, Adv. for the respondent. The Court : Affidavit-in-opposition filed by the defendant in Court today be kept on record. This is an application for restoration of the suit dismissed for default on 28th January, 2010. The plaintiff claims to be the exclusive selling agent of the respondent in the Eastern Region of India. The respondent filed a Special Civil Suit being No.204 of 2002 before the Civil Judge, Senior Division, Bharuch. It is stated in the petition that due to the breach committed by the respondent, which totally the eroded petitioner the suffered capital of the a huge firm financial which loss suspended operations...
Shakuntala Devi Shaw Vs. Cesc Ltd. and ors.
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET WP No.893 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHAKUNTALA DEVI SHAW Versus CESC LTD.& ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 22nd September, 2014. Mr.Amit Kumar Raidani, Adv.for the petitioner Mr.Nandini Mitra, Adv.for respondent Nos.1 & 2 Ms.Sipra Majumdar, Adv.for respondent No.3 Mr.Abhijit Roy, Adv.for respondent No.4 The Court : The grievance of the writ petitioner is that CESC Authorities are not granting her separate electric connection at the tenancy premises where she is enjoying. According to the writ petitioner, her husband was a tenant under the respondent No.4. According to the writ petitioner, her husband is presently untraceable and she is living such tenancy with her two daughteRs.The respondent No.4 appears and submits that there are three title suits pending as against the writ petitioner. The writ petitioner has entered appearance in three title suits. The pendency of the three title suits are ...
Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET GA No.1231 of 2014 APO No.238 of 2014 With CS No.153 of 2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TARUN KUMAR SAHA Appellant Versus SWAPAN KUMAR SAHA & ANOTHER Respondents BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SHIB SADHAN SADHU Date : 22nd September, 2014. For Appellant : Mr.D.S. Mullick, Advocate Mr.B.N. Jaiswal, ADvocate For Respondents : Ms.Suparna Mukherjee, Advocate Mr.Amit Chatterjee, Advocate Mr.Goutam Kumar Goon, Advocate The Court : The subject matter of challenge in this appeal is an order dated 3rd March, 2014 by which the learned Trial Court has directed the Commissioner of Partition to effect the partition of the suit property on the basis of the report filed in Court. this order that the present appeal has been filed. It is against Mr.Mullick submitted that the report of the Commissioner is based on an advisory of the learned Trial Court partition and cannot by be allotting effected. rooms to T...
Kurseong Carriers Private Limited Vs. West Bengal Essential Commoditie ...
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET AP No.1391 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KURSEONG CARRIERS PRIVATE LIMITED Versus WEST BENGAL ESSENTIAL COMMODITIES SUPPLY CORPORATION LIMITED BEFORE: The Hon'ble JUSTICE BISWANATH SOMADDER Date : 22nd September, 2014. Appearance: Mr.Subhransu Ganguly, Adv.Mr.Sakya Sen, Adv.Mr.Pallab Kumar Moitra, Adv.Mr.Soumabho Ghose, Adv.For the Petitioner. Mr., Susovan Sengupta, Adv.Mr.Sanjay Saha, Adv.For the Respondent. The Court :- Affidavit of service kept on record indicates effective service of notice upon the respondent, namely, West Bengal Essential Commodities Supply Corporation Limited, which is being represented by its learned advocate. This is an application under section 11 of the Arbitration and Conciliation Act, 1996. The petitioner and the respondent are governed by an agreement dated 20th September, 2013, which contains, inter alia, an arbitration clause, being clause 12 of the said agreement. The arbitration cl...
Sanatan Merchants Pvt. Ltd. Vs. Narpat Bodadia
Court: Kolkata
Decided on: Sep-22-2014
ORDER GA No.3046 of 2014 CS No.5 of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SANATAN MERCHANTS PVT.LTD.Versus NARPAT BODADIA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 22nd September 2014. Appearance: Mr.Utpal Bose, Senior Advocate Mr.Deepnath Roychowdhury, Advocate Mr.Souvik Majumdar, Advocate Ms.Tannistha Lahiri, Advocate ...for the plaintiff/petitioner. Mr.Saunak Sengupta, Advocate Mr.A.K. Gandhi, Advocate ...for the defendant/respondent. The Court: permitting the On 14th defendant July to 2014, defend the an order suit was upon passed furnishing security in the shape of Flat No.2701, Shreepati ToweRs.27th Floor, Girgaon (Pipal Wadi).Khadikar Road, Mumbai 400 004. Liberty was given to the plaintiff to apply in the event the value of the said security is found to be insufficient. This application has been moved for furnishing security for the sum of Rs.1,09,20,091/- on the ground that at the time of passing of the order dated 14th July 2014, it was wi...
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