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Kolkata Court October 2015 Judgments

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Oct 14 2015

Panghat Sarees Pvt. Ltd. Vs. “panghat” and Ors.

Court: Kolkata

Decided on: Oct-14-2015

ORDER SHEET GA No.3120 of 2015 GA No.3120 of 2014 CS No.358 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PANGHAT SAREES PVT.LTD.Versus PANGHAT & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 14th October, 2015. Appearance: Mr.Ranjan Bachwat,Sr.Adv.Mr.D.Ghosh, Adv.Mr.G.Kr. Ray, Adv.Mr.T.K.Jana, Adv..for the petitioneRs.Mr.Jishnu Saha, Sr.Adv.Mr.Rudraman Bhattacharyya, Adv.Ms.Sulayna Mukherjee, Adv.Mr.Rohit Chowdhury, Adv..for the defendants. The Court :- The application for vacating of the interim order dated 26th September, 2014 being GA No.3120 of 2015 is taken up along with the main interlocutory applications being GA No.3120 of 2014. The petitioner is claiming to be the sole proprietor of Panghat. It is stated that the petitioner is the owner of the trademark Panghat Sarees and has been continuing the same since 1999. It was initially in the name of Nirmal Saraf and thereafter the private limited company was formed in 2003. It is state...


Oct 13 2015

Tata Steel Ltd. Vs. The Kmc and Ors.

Court: Kolkata

Decided on: Oct-13-2015

ORDER SHEET GA NO.2301 OF2015WITH APO NO.326 OF2015WP NO.285 OF2008IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TATA STEEL LTD.Versus THE KMC & ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SHIB SADHAN SADHU Date : 13th October, 2015. MR.BISWAROOP BHATTACHARYA, MR.JAYDEB GHORAI, MR.SAUGATA BANERJEE, ADVOCATES FOR APPELLANT MR.ALAK KR.GHOSH, MR.GOPAL CH.DAS, MS.PIYALI SENGUPTA, ADVOCATES FOR KMC The Court : The subject matter of challenge in the appeal is a judgment and order dated 19th March, 2015. The question for determination is whether Tata Steel Limited carrying on business at its principal sales office at no.43, Jawaharlal Nehru Road, earlier known as 43, Chowringhee Road, Kolkata-700 071 is liable to pay advertisement tax for having erected a Glow-sign Board containing the name of Tata Steel on the roof top of the building. It is not in dispute that premises no.43, Jawaharlal Nehru Road, on the top of which the aforesaid Glo...


Oct 13 2015

Hdfc Bank Ltd. Vs. Smt. Chitra Gupta and Ors.

Court: Kolkata

Decided on: Oct-13-2015

ORDER SHEET GA No.548 of 2014 APD No.350 of 2012 CS No.246 of 2009 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE HDFC Bank LTD.Vs Smt. Chitra Gupta & ORS.BEFORE: The Hon'ble JUSTICE DEBASISH KAR GUPTA The Hon'ble JUSTICE ISHAN CHANDRA DAS Date : 13th October, 2015. Mr.Mainak Bose, Ad. Mr.Chayan Gupta,Adv.Mr.S.Sengupta, Adv.And Mr.P.Srivastava,Adv.For the petitioiner/applicant The Court: plaintiffs/respondents None when appears the on matter behalf is called of on. the No accommodation is prayed for. This is an application arising out of a judgment and order dated December 12, 2013 passed in APD No.350 of 2012; CS No.246 of 2009, for review of the aforesaid judgment. Having heard the appellant/applicant, we learned find counsel that the appearing ground for for the filing this review application is that by virtue of the judgment, the rate of interest payable for the delayed payment of money to the respondents was directed to be paid at the rate of 6% per annum...


Oct 13 2015

Pawan Kumar Patodia and Ors. Vs. Ganesh Nirman Private Limited and Ors ...

Court: Kolkata

Decided on: Oct-13-2015

ORDER SHEET GA No.3325 of 2015 CS No.411 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE PAWAN KUMAR PATODIA & ORS.VERSUS GANESH NIRMAN PRIVATE LIMITED & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 13th October, 2015 Apperance Mr.Nirmalya Dasgupta, Adv.with Mr.R.L. Mitra, Adv.Mr.Sayantan Bose, Adv.This is an application for revocation of leave under Clause 12 of the Letters Patent. The plaintiffs in the suit have prayed for framing of scheme of arrangement for administration and management of defendant nos.1 and 2. The defendant nos.1 and 2 are admittedly having office within the jurisdiction of this Court. The plaintiffs alleged that the defendant nos.1 and 2 are being mismanaged by the defendant nos.3 and 4. It is alleged that the defendant nos.3 and 4 residing at Hyderabad, outside the jurisdiction of this Court are mismanaging and causing oppression of the defendant nos.1 and 2 and its Directors from its office at Nicco House. The defen...


Oct 13 2015

Cygnus Developers (India) Pvt. Ltd. Vs. Biswajit Gangopadhyay and Ors

Court: Kolkata

Decided on: Oct-13-2015

ORDER SHEET CC207of 2015 APO150of 2015 CA667of 2014 CP151of 1986 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE CYGNUS DEVELOPERS (INDIA) PVT.LTD.Versus BISWAJIT GANGOPADHYAY & ORS BEFORE: The Hon'ble JUSTICE RAJIV SHARMA And The Hon'ble JUSTICE SHIVAKANT PRASAD Date : 13th October, 2015. Appearance: Mr.Moinak Bose, Adv Mr.Saunak Sengupta, Adv.Mr.Lalratan Mandal, Adv.for the petitioner. Mr.Jayanta Mitra, ld. Advocate General Mr.Amitava Banerjee, Sr.Adv.for the contemnor/respondent. The Court : Heard Mr.Jayanta Mitra, learned Advocate General with Mr.Amitava Banerjee, Senior Advocate for the contemnor/respondent and Mr.Moinak Bose, learned Advocate with Mr.Saunak Sengupta and Mr.Lalratan Mandal, learned Advocates for the petitioner. The petitioner/applicant has alleged for non-compliance and/or disobedience of judgment and order passed by this Honble Court on April 27, 2015 in APO No.150 of 2015 arising out of CA No.667 of 2014 and CP No.151 of 1986. This Ho...


Oct 09 2015

Punalur Paper Mills Ltd. Vs. The Ist Land Acquisition Collector

Court: Kolkata

Decided on: Oct-09-2015

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE WP No.1042 of 2000 WP No.3003 of 2000 PUNALUR PAPER MILLS LTD.Versus THE IST LAND ACQUISITION COLLECTOR WP No.1045 of 2000 PUNALUR PAPER MILLS LTD.Versus THE IST LAND ACQUISITION COLLECTOR WP No.1211 of 2000 PUNALUR PAPER MILLS LTD.Versus THE IST LAND ACQUISITION COLLECTOR WP No.3006 of 2000 PUNALUR PAPER MILLS LTD.Versus LAND ACQUISITION COLLECTOR BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 9th October, 2015. Mr.Sakti Nath Mukherji, Sr.Adv.Mr.Shyamal Sarkar, Sr.Adv.Mr.Deepak Jain, Adv.for the petitioners Mr.Sadananda Ganguli, Ld. AGP Mr.S.N.Biswas, Adv.for L.A.Collector, Kolkata Mr.Ashoke Kr. Banerjee, Sr.Adv.Mr.Sanjay Saha, Adv.for WBMDTC LTD.Mr.Pinaki Dhole, Ms.Sima Biswas, Adversus for West Bengal Sugar Industries Development Corporation LTD.The Court : Mr.Mukherjee, learned senior Advocate submits they were made averments in W.P.3003 of 2000 to put the respondents on notice that, inter al...


Oct 09 2015

Arindam Investments Private Limited Vs. A.I. Champdany Industries Limi ...

Court: Kolkata

Decided on: Oct-09-2015

IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side C.S.No.220 of 2008 Arindam Investments Private Limited versus A.I.Champdany Industries Limited . C.S.No.221 of 2008 Cosmopolitan Investments Limited versus A.I.Champdany Industries Limited C.S.No.222 of 2008 Disciplined Investments LTD.versus A.I.Champdany Industries Limited C.S.No.223 of 2008 Duncan International (India) LTD.versus A.I.Champdany Industries Limited C.S.No.224 of 2008 Haldia Investment Company LTD.versus A.I.Champdany Industries Limited C.S.No.225 of 2008 New India Investment Corporation LTD.versus A.I.Champdany Industries Limited For the plaintiffs:- Mr.Ranjan Deb, Sr.Advocate MRS.Manju Bhuteria, Advocate Mr.Ravi Asopa, Advocate For the defendants:- Mr.Jishnu Saha, Sr.Advocate Mr.Sabyasachi Chowdhury, Advocate Mr.S.E.Huda, Advocate Judgement On : - 09th October, 2015 I.P.MUKERJI, J. BASIC FACTS: There was a limited company by the name of Anglo India Jute Mills Company Limited. On 19th ...


Oct 09 2015

Ratnendra Narayan Bhaduri Vs. Crespi Milano Perfumeries India Pvt. Ltd ...

Court: Kolkata

Decided on: Oct-09-2015

ORDER SHEET GA No.3139 of 2015 With APOT No.460 of 2015 AP No.1156 of 2015 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE RATNENDRA NARAYAN BHADURI Versus CRESPI MILANO PERFUMERIES INDIA PVT.LTD.& ANR BEFORE: The Honble JUSTICE INDIRA BANERJEE The Honble JUSTICE SAHIDULLAH MUNSHI Date : 9th October, 2015. Appearance: Mr.Sucharita Biswas, Adv.Mr.Debapriya Gupta, Adv.The Court : This appeal is against the order dated 31st August, 2015 passed by the learned Single Bench in a request under Section 11 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as the 1996 Act. By the order impugned the learned Single Bench has appointed an Advocate of this Court as Arbitrator at a consolidated remuneration of Rs.3 lakhs to be shared by the parties equally at the fiRs.instance subject to any directions in this regard that might be contained in the final order. Ms.Biswas appearing on behalf of the appellant submits that the appellant does not have the fina...


Oct 08 2015

Numazar Dorab Mehta and Ors. Vs. The Assam Company India Ltd.

Court: Kolkata

Decided on: Oct-08-2015

ORDER SHEET GA No.3680 of 2014 EC No.170 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NUMAZAR DORAB MEHTA & ORS.Versus THE ASSAM COMPANY INDIA LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 8th October, 2015. Appearance: Mr.Jayanta Kr. Mitra, Sr.Adv.Mr.Ranjan Bachawat, Sr.Adv.Mr.Dhruvo Ghosh, Adv.Mr.Sourav Ghosh, Adv.Mr.Arnab Basu Mullick, Adv..for the decree holdeRs.Mr.Anindya Kumar Mitra, Sr.Adv.Mr.Surojit Nath Mitra, Sr.Adv.Mr.Abhrajit Mitra, Sr.Adv.Mr.Sudip Deb, Adv.Mr.Sankarsan Sarkar, Adv.Mr.Kirit Zaveri, Adv..for the judgment debtor. The Court:- The misery of the judgment debtor starts after a decree passed is what manifested in this proceeding. A decree passed in a proceeding initiated under Chapter 13A of the Rules on the Original Side of this Court upheld by the Honble Division Bench and a Special Leave Petition preferred by the judgment debtor against such decree was dismissed by the Honble Supreme Court, still, the decree could...


Oct 08 2015

Spml Infra Ltd. Vs. South Bihar Power Distribution Co. Ltd. and Ors.

Court: Kolkata

Decided on: Oct-08-2015

APO No.193 of 2015 CS No.37 of 2015 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE SPML INFRA LTD.Versus SOUTH BIHAR POWER DISTRIBUTION Co.LTD.& ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 8th October, 2015. For Appellant : Mr.J.K.Mitra, Sr.Advocate Mr.Anirban Ray, Mr.Prithviraj Sinha, Advocates For Respondent No.1: Mr.P.C.Sen, Sr.Advocate Mr.Mohit Gupta, Mr.S.K.Poddar and Mr.M.K.Poddar, Advocates The Court : The present appeal arises on account of an order dated 8.4.2015 where the learned Single Judge opined that the leave granted under Clause 12 of the Letters Patent deserves to be revoked and returned the plaint in the suit to be presented before the appropriate Court at Patna. In brief, the facts led to the filing of the present appeal are as under :An agreement came to be entered into between the defendant and the plaintiff/appellant in respect of the work relating to supply of materials and equipme...


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