Kolkata Court December 2015 Judgments
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Nitai Chand Nandi Vs. Somnath Nandy and Ors.
Court: Kolkata
Decided on: Dec-14-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA NO.1599 OF2015CS NO.229 OF2009NITAI CHAND NANDI Versus SOMNATH NANDY & ORS.GA NO.1613 OF2015CS NO.229 OF2009NITAI CHAND NANDI Versus SOMNATH NANDY & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 14th December, 2015. Appearance: Mr.Soumen Datta, Adv.Mr.R.N.Chatterjee, Adv..for the plaintiff. Mr.D.Ghoshal, Adv.Mr.Indra Prosad Mullick, Adv..for the defendants 1(C) & 2. The Court:-The respondent Nos.1(C) & 2 are applicants in GA No.1613 of 2015. Respondent no.3 is an applicant in GA No.1599 of 2015. The other defendants in the suit have not taken out any application falling exception to the report filed by the Commissioner of Partition. The applicants are admittedly co-owners of the property. This proceeding is arising out of a preliminary decree passed in a Partition and Administration Suit No.229 of 2009 filed by the plaintiff against the defendants claiming, inter alia, declaration that t...
Tata Iron and Steel Co. Ltd. Vs. Durgapur Project Ltd.
Court: Kolkata
Decided on: Dec-11-2015
OD-19 GA No.3585 of 2015 AP No.129 of 2005 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side TATA IRON & STEEL Co.LTD.Versus DURGAPUR PROJECT LTD.Appearance Mr.Promit Kr. Roy, Sr.Adv.Mr.R.Roy, Adv.Ms.T.Guray, Adv.Mr.Anindya Mitra, Sr.Adv.Mr.Bhaskar Mitra, Sr.Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : December 11, 2015. The Court : Sufficient grounds have been made out as to why the petitioner was not represented on August 20, 2015 when AP No.129 of 2005 was dismissed for default. Though it appears that the petition may have been allowed to be dismissed in the hope that restoration would be allowed for the mere asking and the unworthy cause may not be immediately taken up, in view of the good grounds shown, the order dated August 20, 2015 is recalled and AP No.129 of 2005 is restored to the file. The restoration application, GA No.3585 of 2015, is allowed as above, but without any order as to costs. Since the parties are represented, the challe...
Amrit Jal Ventures Private Limited Vs. Srei Infrastructure Finance Lim ...
Court: Kolkata
Decided on: Dec-11-2015
OD-33 A.P.No.1708 of 2015 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE AMRIT JAL VENTURES PRIVATE LIMITED Versus SREI INFRASTRUCTURE FINANCE LIMITED BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date: 11th December, 2015. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.Jishnu Chowdhury, Adv.Mr.A.Basu, Adv.Mr.S.Mitra, Adv. for the petitioner Mr.Ratnanko Banerjee, Sr.Adv.Mr.Swatarup Banerjee, Adv. for the respondent The Court: This is a further petition under Section 9 of the Arbitration and Conciliation Act, 1996 in connection with a loan agreement of April 19, 2011, which is governed by an arbitration clause. The fairly admitted position is that the petitioner obtained certain credit facilities from the finance company and defaulted in making payments by the middle of 2015 whereupon the finance company may have taken steps to enforce its securities. The loan was secured by the deposit of share certificates pertaining to the controlling interest in the flagshi...
The Ld. Registrar General, High Court, Calcutta Vs. Smt. Ananya Bandyo ...
Court: Kolkata
Decided on: Dec-11-2015
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE G.A. No.1945 of 2014 A.P.O. No.213 of 2014 The Ld. Registrar General, High Court, Calcutta Vs. Smt. Ananya Bandyopadhyay & Ors. With W.P. No.555 of 2014 Smt. Ananya Bandyopadhyay Vs. State of West Bengal & Ors. B E F O R E: The Honble Justice INDIRA BANERJEE And The Honble Justice SAHIDULLAH MUNSHI For the Appellant : Mr. Kishore Dutta, Senior Advocate. Ms. Sumita Shaw, Advocate. For the Respondent/ Writ Petitioner : Mr. Mr. Mr. Mr. Mr. Heard on :12. 08.2015, 08.09.2015, 10.09.2015 Judgment on :11. 12.2015 Sakti Nath Mukherjee, Senior Advocate, Mukul Lahiri, Senior Advocate, Swapan Kumar Dutta, Advocate, S. Chakraborty, Advocate. Anirban Pramanick, Advocate. INDIRA BANERJEE, J.: This appeal being APO213of 2014 filed by the Registrar General, High Court, Calcutta is against an order dated 23 rd June, 2014 passed by the Honble Single Bench in Writ Petition No.555 of 2014 filed by a Judicial Officer, of the rank of D...
Rewat Mal Bihani Vs. Nand Kishore Lakhotia and Ors.
Court: Kolkata
Decided on: Dec-10-2015
ORDER SHEET G.A.No.3544 of 2014 With C.S.No.381 of 2014 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE REWAT MAL BIHANI Versus NAND KISHORE LAKHOTIA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 10th December, 2015. Appearance: Mr.Anuj Singh, Adv.Mr.S.E.Huda, Adv. for the petitioner Mr.Utpal Bose, Sr.Adv.Aiman Abdullah, Adv. for the respondent nos.1 & 3 to 5 Mr.Aniruddha Mitra, Adv. for the respondent no.2 MRS.Manju Bhuteria, Adv. for the respondent no.10 The Court: The petitioner is claiming to be a Maheshwari Community, Calcutta. The petitioner belongs to the Maheshwari Community. The petitioner files this suit under Order I Rule 8 of the Code of Civil Procedure in which the petitioner has challenged the election of the respondent Nos.1 to 9 of the Vrihattar Kolkata Pradeshik Maheshwari Sabha, hereinafter referred to as Sabha. On 22nd December, 2014 when this matter was taken up for consideration, I observed that although the paper publication w...
Life Insurance Corporation of India Vs. Mahendra Kumar Jena
Court: Kolkata
Decided on: Dec-09-2015
OD-2 GA No.2733 of 2015 With AP No.370 of 2004 GA No.2734 of 2015 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE LIFE INSURANCE CORPORATION OF INDIA -VersusMAHENDRA KUMAR JENA For the Petitioner: Mr.Anirban Ray, Adv.Mr.Rajat Dutta, Adv.MRS.Sanjukta Ray, Adv.For the Respondent: Mr.Mr.Mr.Mr.P.C.Sen, Sr.Adv.Rajratna Sen, Adv.Jaydeb Ghorai, Adv.S.Banerjee, Adv.BEFORE : THE HONBLE JUSTICE SANJIB BANERJEE Date: December 9, 2015. The Court : The two applications are for condonation of the delay in applying for restoration and for recalling the order of dismissal for default passed on July 2, 2015. In view of the sufficient cause shown for the marginal delay and the good grounds demonstrated for the petitioner not being represented on July 2, 2015, GA No.2733 of 2015 and GA No.2734 of 2015 are allowed by condoning the delay and restoring AP No.370 of 2004 to the file. Since the parties had earlier been put on notice, the petition for setting aside an arbitral ...
Assam Roofing Ltd. and Anr. Vs. Jsb Cement Llp and Anr.
Court: Kolkata
Decided on: Dec-09-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN G.A.No.1412 of 2015 C.S.No.106 of 2015 ASSAM ROOFING LTD.& ANR. versus JSB CEMENT LLP & ANR. For the Petitioners : Mr.Mr.Mr.Mr.Mr.Jayanta Mitra, Ld. Adv.Gen., Ranjan Bachawat, Adv., Debnath Ghosh, Adv., Soumya Roy Chowdhury, Adv., Gautam Banerjee, Adv.For the Respondents : Mr.Pratap Chatterjee, Sr.Adv., Mr.S.Bose, Adv., Heard on : 29.04.2015, 13.05.2015, 14.05.2015, 08.06.2015, 15.06.2015, 09.09.2015, 21.09.2015, 23.09.2015, 28.09.2015, 30.09.2015, 01.10.2015, 08.10.2015, 13.10.2015, 16.11.2015, 18.11.2015, 23.11.2015. 02.12.2015 Judgment on : 9th December, 2015 Soumen Sen, J.:- The plaintiffs have filed the instant suit seeking reliefs on account of infringement of trademark, passing off and infringement of copyright. The case of the petitioners in short is stated hereinafter. The petitioner No.1 was incorporated in 1972 and is engaged in the business of manufacturing...
Anand Hotel Vs. Arjendu Pratap Singh Deo and Ors.
Court: Kolkata
Decided on: Dec-07-2015
ORDER SHEET GA578of 2012 CS305of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ANAND HOTEL Versus ARJENDU PRATAP SINGH DEO & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 7th December, 2015. Appearance; Mr.Tilak Bose, Sr.Adv.Mr.D.Datta, Adv.Ms.Vijaya Bhata, Adv.Mr.Ganesh Prasad Shaw, Adv.Ms.S.Ganguly, Adv.Mr.S.Roy, Adv.for the defendant Nos.3 and 4. The Court : This is an application in aid of a suit for specific performance of an agreement for sale of a property numbered as 19, Chittaranjan Avenue, Kolkata 700 072. The plaintiff in the said application has prayed for an order of injunction restraining the defendants from dealing with the property. Initially, on 16th May, 2012, an order was passed directing the parties to maintain status quo of the property. At the relevant point of time, a partition suit was pending between the defendants and in such proceeding an order of status quo was passed in respect of this property. The learned Couns...
Magma Fincorp Ltd. Vs. Ramky Infrastructure Ltd.
Court: Kolkata
Decided on: Dec-03-2015
OD 29 GA No.946 of 2015 AP No.1622 of 2014 GA No.1870 of 2015 GA No.2558 of 2015 GA No.3950 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.Versus RAMKY INFRASTRUCTURE LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 3rd December, 2015. Appearance: Mr.Jishnu Saha, Sr.Adv.Mr.Swatarup Banerjee, Adv.Mr.Paritosh Sinha, Adv.Mr.O.P.Dubey, Receiver. The Court : GA No.1870 of 2015 is a curious application brought by a stranger to the proceedings and it has to be entertained in view of certain previous orders passed by this Court, inter alia, an order of December 24, 2014. AP No.1622 of 2014 is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 filed by the finance company for the borrower not having paid the instalments due under the finance agreement. Such petition was one of ten similar petitions pertaining to several assets filed by the finance company against the same borrower. In all, four receivers we...
Gujarat Nre Coke Limited and Anr. Vs. Jindal Steel and Power Limited a ...
Court: Kolkata
Decided on: Dec-03-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: The Honble JUSTICE SOUMEN SEN G.A.No.3945 of 2014 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. For the Defendant : Mr.Sudipto Sarkar, Sr.Adv., Mr.Ratnanko Banerjee, Sr.Adv., Ms.Mousumi Bhattacharya, Ms.Nandani Khaitan, Mr.Anunoy Basu, Heard On : 09.06.2015, 07.07.2015, 01.12.2015, Judgment On : 3rd December, 2015 Soumen Sen, J.:- This is an application at the instance of the defendant No.3 for revocation of leave under Clause 12 of the Letters Patent. The plaintiffs have filed a suit against the defendants in the suit no relief is claimed against the defendant No.3. In Paragraph 49 of the Plaint, the plaintiff says that the plaintiff No.1 is entitled to USD95836,701.50 equivalent to Rs.5,77,41,61,265.38 against the defendant Nos.2 and 3 for guarantee commission and qual...
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