Kolkata Court September 2014 Judgments
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Hdfc Bank Limited Vs. Calcom Commercial Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET EC No.186 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE HDFC BANK LIMITED Versus CALCo.COMMERCIAL PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd September, 2014. Appearance: Mr.Sakya Sen, Adv.Mr.Joydeep Roy, Adv.The Court: Since the Judgment Debtor has been produced before this Court from the Jail Custody, the matter is treated on the days list. The judgment- debtor Shri Ganesh Patra is produced before this Court from Jail Custody pursuant to an order passed by the Additional Chief Judicial Magistrate on 20th September, 2014. It appears that subsequent to the order dated 19th September, 2014 the judgment debtor was arrested by the concerned police station at around 00.05 HRs.on 20th September, 2014 and he was produced before the Additional Chief Judicial Magistrate, Alipore at 20th September, 2014. In view of the order passed by this court, the judgment debtor was directed to be produced before this Court by the ...
Mr. Amit Chaudhuri and anr.Petitioners Vs. Kolkata Municipal Corporati ...
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET W.P.No.898 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE Mr.AMIT CHAUDHURI & ANR. Versus KOLKATA MUNICIPAL CORPORATION & ORS.Petitioners Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 22nd September, 2014. Mr.Siddhartha Mitra, Sr.Adv.with Ms.Mousumi Bhattacharyya, Ms.Saswati Chatterjee & Mr.S.Singh, Adversus for Petitioners Mr.L.C.Behani, Sr.Adv.with Mr.D.Mondal, Adv.for Kolkata Municipal Corporation Mr.Anindya Kr. Mitra, Sr.Adv.Mr.Partha Sarathi Sengupta, Sr.Adv.Mr.Arunava Ghosh, Adv.With Mr.Prasenjit Saha, Adv.Mr.Samit Talukdar, Sr.Adv.with Mr.D.N.Mitra, Adv.for Private Respondents Mr.Jayanta Kr. Mitra, Sr.Adv.with Mr.Sudeshna Bagchi, Adv.for Respondent nos.4-6 & 8. Mr.Riju Ghosal with Mr.Arnab Chakraborty, Adversus for Respondent no.7. After hearing the submissions of learned counsel for the parties, I consider it to be of paramount importance that the state of the subject building at 3/1, Sunny Park, Kolkata, on 11th Sep...
Vs. Income Tax Officer, Ward1[4], Kolkata and ors.Responde
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET W.P.No.1258 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AHINSA VINIMAY PVT.LTD.Versus INCOME TAX OFFICER, WARD-1[4]., KOLKATA & ORS.Petitioner Respondents BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 22nd September, 2014. For Petitioner : Mr.Ananda Sen with Mr.Dipak Dey, Adversus None appears for the respondents. An affidavit of service is on record. The facts of this case are similar to W.P.No.1280 of 2013 [Dewdrops Merchants PVT.LTD.versus Income Tax Officer, Ward 1(4).Kolkata & Ors.].in which an order was passed by this Court on 16th September, 2014. An identical order is passed in this matter. Orders passed in deserving cases often become flawed for lack of reasons. We do not yet know whether this case is deserving or not, but the order under Section 127(2) of the Income Tax Act, 1961 dated 12th September, 2013 is flawed for lack of reasons. From the submissions made, there is no doubt in my mind that the writ petitioner was hea...
Gls Esolutions Pvt. Ltd. Vs. Royd Enclave Owners' Association and Ors.
Court: Kolkata
Decided on: Sep-22-2014
GA No.2234 of 2014 APOT No.362 of 2014 WP No.582 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE GLS e-SOLUTIONS PVT.LTD.Versus ROYD ENCLAVE OWNERs.ASSOCIATION & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE BANERJEE Date : 22nd September, 2014. For Appellant : Mr.Raghunath Das, Advocate Mr.Indradeep Basu, Advocate For KMC : Mr.Debangshu Mondal, Advocate For Respondent Nos.1&2 : Mr.Sanjib Mal, Advocate Mr.Gurudas Mitra, Advocate Mr.Atanu Roychowdhury, Advocate Mr.P.Majumder, Advocate The Court : This appeal is filed by GLS e-Solutions PVT.Ltd., who was the respondent before the Learned Single Judge. The Learned Single Judge after hearing the learned Advocates for the parties and in view of the submissions made on behalf of the Corporation that GLS is carrying on business illegally without having trade license and that too, in a residential flat, the second respondent was directed to dispose of the representation dated 5th...
Fair Deal Supplies Ltd Vs. Indian Overseas Bank
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET GA24762014 CS2872014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE FAIR DEAL SUPPLIES LTD Versus INDIAN OVERSEAS BANK BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd September, 2014. Mr.S.Ghosh, Adv.appeaRs.Mr.A.Das, Adv.appeaRs.The Court : The suit and the application have been circumvent the proceedings initiated under the SARFAESI Act. filed to None of the prayers in the petition can be allowed since they involve adjudication as to the amount payable by the Bank for which notice under section 13(2) SARFAESI Act has been issued. under the The point urged in the plaint as also in the petition exclusively falls within the domain of the SARFAESI Act. The Civil Court in view of a clear bar under section 34 of the said Act cannot receive and try such suit. If a person is aggrieved by a notice under section 13(2) of the SARFAESI Act, always open to it the Act provides a remedy. In answer to such a notice, it is the borrower to take all poin...
Swabhumi Infratech Pvt. Ltd. Vs. Ramel Real Estate and Inrastructure L ...
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET AP No.1128 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SWABHUMI INFRATECH PVT.LTD.Versus RAMEL REAL ESTATE AND INRASTRUCTURE 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 ...
Tata Metaliks Ltd. Vs. C.i.T Iii, Kolkata
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE ITA No.301 of 2005 TATA METALIKS LTD.Versus C.I.T III, KOLKATA BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE ARINDAM SINHA Date : 22nd September, 2014. Mr.J.P.Khaitan,Sr.Adv.Mr.Sanjoy Bhowmick, Advocate and Mr.C.S.Das, Advocate ..for the appellant. Ms.A.G.Gutgutia, Advocate ..for the respondent. The Court : This appeal was admitted on the following question of law: Whether, on a true and proper interpretation of the provisions of Sections 139 and 143 and other relevant provisions of the Income Tax Act, 1961, the Tribunal was justified in law in holding that issue of the intimation under Section 143(1) for the assessment year 1999-2000 on August 08, 2000 amounted to completion of assessment within the meaning of section 139(5) disabling the appellant from filing a revised return and that the revised return filed on March 31, 2001 was belated and invalid?. The order from which the qu...
Bharat Minmet Exim Limited Vs. State Trading Corporation of India Ltd.
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET G.A.No.2224 of 2014 C.S.No.242 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BHARAT MINMET EXIM LIMITED Versus STATE TRADING CORPORATION OF INDIA LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 22nd September, 2014. Appearance : Mr.S.E.Huda, Adv. for the plaintiff Mr.J.Dutta, Adv. for the respondent. Mr.K.N. Mukherjee, Adv.Mr.R.Ghosh, Adv. Special Officers The Court : This is an application filed by one of the bidders claiming to be the highest bidder. In this application, the applicant prays for an appropriate order so that that coal in question lying at the Paradeep port is delivered the petitioner in terms of the order dated 28th of March, 2012. The Special officers were directed to sell the coal in question after fixing the minimum reserve price on consideration of the survey report to be obtained. The Special Officers were directed to invite offer accompanied by 25 per cent of the tender value by demand draft in favour of th...
Akhtar HossaIn and ors. Vs. the Board of Wakf, West Bengal and ors.
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET GA No.2688 of 2014 With WP48of 1999 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AKHTAR HOSSAIN & ORS.Versus THE BOARD OF WAKF, WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 22nd September, 2014. Mr.Bibek Jyoti Basu, Adv.Mr.Uttam Kr. De, Adv..for the plaintiffs. Mr.N.Chatterjee, Adv..for the respondent nos.5 and 6. Mr.Sk. Md.Galib, Adv..for the respondent Nos.1,2 and 3. The Court: The application is by one of the respondent in the writ petition seeking transposition of such respondent to the category of the writ petitioner. In support of such application, reliance is placed on Order XXIII Rule 1A of the Code of Civil Procedure, 1908 and All India Reporter 1977 Calcutta page 59 (Smt.Ajita Debi versus Musst. Hossenara Begam And Anr.).I find from the record that the writ petitioners are represented. They have not expressed any intention to withdraw or abandon the writ petition. However, it is submitted on behalf of the writ...
Bhartia Steel and Enng.Co.Pvt.Ltd. Vs. Dina Nath Parolia and anr.
Court: Kolkata
Decided on: Sep-22-2014
ORDER SHEET EOS No.58 of 1987 IN THE HIGH COURT AT CALCUTTA Extra-ordinary Original Civil Jurisdiction ORIGINAL SIDE BHARTIA STEEL & ENNG.CO.PVT.LTD.Versus DINA NATH PAROLIA & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 22nd September, 2014. Mr.Arindam Mukherjee, Adv.for the plaintiff Mr.Haradhan Banerjee, Mr.Debabrata Banerjee, Ms.Somali Mukhopadhyay, Adversus for the defendants The Court : The defendants rely upon an order passed by the Appeal Court dated September 17, 2014 by which time to pay the costs was extended. The defendants submit that, the order dated September 17, 2014 has been complied with. Consequently, the defendants seek time till September 29, 2014 to disclose further document. The plaintiff opposes such extension. The plaintiff submits that, the witness action of the plaintiff as well as the defendants is closed. The suit is fixed for hearing. The Appeal Court did not extend the time to disclose documents by the defendants. The plaintiff also relies upon ...
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