Court : Kolkata
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PRESENT : DIPANKAR DATTA, J.W.P. No.550 of 2015 Chong Hsin Wong Vs. Life Insurance Corporation of India & ors. For the petitioner : Mr. Subrata Kumar Basu, Advocate Mr. Siddhartha Basu, Advocate, Mr. R. L. Mitra, Advocate, Ms. Priyanka Dhar, Advocate. For the respondents : Mr. D.K. Paul, Advocate. Hearing concluded on : October 14, 2015 Judgment on December 22, 2015 1. The petitioner claims that he is a tenant in respect of flats 2, 3 and 4, East India Building, No.8, Madan Street, Kolkata 700 072 (hereafter the flats); that, by separate indentures executed by and between the petitioner and the Corporation, lease was granted in respect of the flats at varying monthly rental (the aggregate monthly rent being 3,700/-); that, all three leases were effective for 5 (five) years from November 1, 1992 and upon expiry thereof, the petitioner had opted for renewal; that, the Corporation kept putting off renewal of lea...
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ORDER SHEET GA No.3815 of 2015 With WP No.2068 of 2005 GA No.2093 of 2008 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SOMAL PIPES PVT.LTD.Versus COAL INDIA LTD.& ORS.BEFORE: The Hon'ble JUSTICE ARINDAM SINHA Date : 22nd December, 2015. Appearance: Mr.Siddhartha Mitra, Sr.Adv.Mr.M.Hossain, Adv.Mr.Swaraj Shaw, Adv.Ms.Suruchi Khunteta, Adv.Mr.Alok Banerjee, Mr.Aniruddha Mitra, Mr.S.M.Obaidullaha, Mr.Nikhil Kumar Roy, Adv.Adv.Adv.Adv.Mr.Sakya Sen, Mr.Chanchal Dutta, Mr.B.N.Mishra, Ms.Krishna Mullick, Adv.Adv.Adv.Adv.Mr.Kalimuddin Mondal, Adv.The Court :- The applicant in this application was the petitioner in WP No.2068 of 2005 which along with another writ petition was dealt with by order dated 1st October, 2015. The applicant seeks modification of the said order. Mr.Mitra, learned Senior Advocate appearing on behalf of the applicant, submitted the prayer for modification has been made since the claim for interest on the sums found due and payable by the r...
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WP No.1143 OF2015IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Millennium Commodities PVT.LTD.versus The State of West Bengal & ORS.For the petitioner:- Ms.Shruti Agarwal, For the Private Respondents: Mr.A.Basu Mr.D.K.Chandra, Advocate Advocates For the State: Mr.S.Roy Chowdhury Mr.M.K.Sadhu, Advocates Judgement On: - 22.12.2015 I.P.MUKERJI, J. Very fine points of law are involved in this application. Under section 14 of the West Bengal Shops and Establishments Act, 1963, any question with regard to nonpayment or short payment of wages is referred to a Referee. Tapabrata Sinha, an employee with Millennium Commodities PVT.LTD.on 10th June, 2014 made an application before the Referee. He is the private respondent in this writ preferred by the employer. He alleged that his wages amounting to Rs.7,37,955/- were not paid between February, 2012 to May 2014. He also claimed compensation amounting to Rs.52,900/-. The employer company filed before the Referee what...
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APO No.227 of 2014 With ACO No.119 of 2014 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION M/S JAY BEE PROPERTIES PRIVATE LIMITED & OTHERS -VersusSRI PAWAN KUMAR BUDHIA & OTHERS For the Appellants: Mr Mr Mr Mr Joy Saha, Adv., Suvadeep Saha, Adv., Sudhakar Prasad, Adv., P. Basu, Adv. For the Respondents: Mr Ratnanko Banerji, Sr Adv., Mr Aniruddha Roy, Adv., Mr Prantik Garai, Adv. Hearing concluded on: December 18, 2015. BEFORE SANJIB BANERJEE, Judge Date: December 22, 2015. SANJIB BANERJEE, J.: The question of law raised is so trivial that the appeal under Section 10F of the Companies Act, 1956 does not call for a judgment; a two-page order dictated in five minutes would have sufficed. It is the other aspect of the matter that needs to be recognised and highlighted, particularly in the light of the backbreaking numbers of pending cases of every description in courts and tribunals.2. The appeal is at the behest of the company in respect whereof a petition under Sections 397 a...
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ORDER SHEET GA NO.655 OF2015APO NO.327 OF2015GA NO.3346 OF2015WP NO.1271 OF2014IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE M/S.B.P.PROPERTIES LTD.(NOW KNOWN AS DALMIA BHARAT DEVELOPERS LTD.) Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ASHA ARORA Date : 21st December, 2015. MR.BARIN BANERJEE, MRS.VIJAYA BHATIA, MR.GANESH PRASAD SHAW, ADVOCATES FOR APPELLANT MR.ASHOKE KR.BANERJEE,SR.ADVOCATE, MR.PRANAB DUTTA, SR.ADVOCATE, MR.D.MONDAL, MISS PIYALI SENGUPTA, ADVOCATES FOR KMC MR.GUPTA NATH PRASAD, ADVOCATE FOR RESPONDENT NOS.11 TO11b) MR.RAJARSHI DUTTA, MS.N.ADHYA, ADVOCATES FOR RESPONDENT NO.8 MR.ARINDAM BANERJEE, ADVOCATE FOR PRIVATE RESPONDENT The Court : The subject matter of challenge in this appeal is a judgment and order dated 13th January, 2015 by which a notice dated 16th June 2014 issued by the Kolkata Municipal Corporation has been quashed. The notice dated 16th June, 2014 reads as f...
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ORDER SHEET GA730of 2014 CS70of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JAC TEXSTILES PVT.LTD.& ANR. Versus STELLER MERCANTILE PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 21st December, 2015. Appearance: Mr.R.Chowdhury, Adv.Mr.B.Roy, Adv.appeaRs.The Court : The plaintiffs have filed a suit challenging a deed of conveyance dated 22nd August, 2013 on the ground that the respondent Nos.2 to 5 sold the said property in some private negotiation with the bank ostensibly to reduce the liability of the defendant no.1 although on the date of execution of the deed of conveyance the said amount was not declared as non-performing asset. The suit was filed after the property has been duly conveyed to the defendant no.7. It appears that the bank was contemplating action against the defendant no.1 who is the principal borrower. The plaintiff no.1 is a shareholder of the defendant no.1. The plaintiff no.2 has furnished guarantee in respect ...
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IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN G.A.No.3000 of 2015 C.S.No.227 of 2014 GUJARAT NRE COKE LIMITED & ANR. versus JINDAL STEEL & POWER LIMITED & ORS.For the Plaintiff : Mr.Jishnu Saha, Sr.Adv., Ms.Arpita Saha, Mr.Moti Sagar Tiwari Mr.S.K.Tiwari. For the Defendant : Mr.Sudipto Sarkar, Sr.Adv., Mr.Ratnanko Banerjee, Sr.Adv., Ms.Mousumi Bhattacharya, Ms.Nandini Khaitan, Mr.Rajiv Bhatnagar, Mr.Anunoy Basu, Heard On : 01.12.2015, 08.12.2015, 10.12.20215, 15.12.2015, 17.12.2015 Judgment On : 21st December, 2015 Soumen Sen, J.:- The defendant No.1, namely, Jindal Steel & Power Limited (hereinafter referred to as the applicant) has filed this application under Section 8 of the Arbitration and Conciliation Act, 1996 for referring the parties to arbitration in view of an arbitration clause in the coal purchase agreement entered into between the plaintiffs and the defendant No.1. The applicant has also incidentally...
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IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side APOT539of 2015 G.A.3562 of 2015 C.S.108 of 2012 STATE BANK OF INDIA Versus UNIT CONSTRUCTION COMPANY PVT.LTD.& ORS.APOT542of 2015 G.A.3563 of 2015 C.S.128 of 2012 STATE BANK OF INDIA Versus UNIT CONSTRUCTION COMPANY PVT.LTD.G.A.3408 of 2015 APOT507of 2015 C.S.108 of 2012 STATE BANK OF INDIA Versus UNIT CONSTRUCTION COMPANY PVT.LTD.G.A.3475 of 2015 APOT519of 2015 C.S.128 of 2012 STATE BANK OF INDIA Versus UNIT CONSTRUCTION COMPANY PVT.LTD.& ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 17th December, 2015. For the Appellant : Mr.Joy Saha, Advocate Mr.Shamit Sanyal, Advocate Mr.Anirban Das, Advocate For the Respondents : Mr.Nandalal Singhania, Sr.Advocate Mr.V.B.Agarwal, Advocate Ms.S.Shamsi, Advocate The Court : All the four appeals are clubbed, heard and disposed of by a common judgment since common facts and law are involved. The entire litigation arises on a...
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APOT No.468 of 2015 GA No.3147 of 2015 GA No.3148 of 2015 With EC No.734 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ASHOKA TUBEWELL & ENGINEERING CORPORATION Versus UNION OF INDIA BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 15th December, 2015. For Appellant : Mr.S.N.Mookherjee, Sr.Advocate Mr.Dhruba Ghosh, Advocate Mr.Prabir Mukherjee, Mr.Biswajit Konar and Mr.Piyush Agarwal, Advocates For Railways : Mr.Animesh Kanti Ghosal, Advocate Mr.Sutanu Chakraborti, Advocate The Court : Heard learned Counsel for the appellant/petitioner on application for condonation of delay. Delay of 22 days in preferring the appeal is condoned. The application for condonation of delay is allowed. We have gone through the impugned order of the Learned Single Judge and also the orders dated 23.7.15 and 7.9.15. The appellant herein was a contractor and entered into a contract with the respondent in respect of certain cons...
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IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN G.A.No.825 of 2015 C.S.No.295 of 2014 Auroshikha Vinimay PVT.LTD.versus Kai Commercial PVT.LTD.For the petitioners : Mr.Mr.Mr.Mr.Mr.Ahin Choudhury, Sr.Adv., Utpal Bose, Sr.Adv., Anuj Singh, Adv., S.E.Huda, Adv., A.K.Singh, Adv.For the Defendant : Mr.Krishnendu Gupta, Adv., Mr.C.K.Saha, Adv., Mr.Navneet Mishra, Heard On : 02.04.2015, 16.06.2015, 14.07.2015, 20.08.2015, 03.09.2015, 15.09.2015, 22.09.2015, 03.12.2015, 10.12.2015 Judgment On : 14th December, 2015 Soumen Sen, J.:- This is an application filed by the plaintiff under Chapter XIIIA of the Original Side Rules of High Court praying, inter alia, for a decree for vacant and peaceful possession of Premises No.12A, Camac Street, Kolkata-700 017. The case of the plaintiff in short is that the plaintiff is the owner of two flats being Flat No.1A and 1B on the fiRs.floor along with two servant quarteRs.measuring about ...
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