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Kolkata Court May 2015 Judgments

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May 05 2015

Shyam Sel and Power Ltd. Vs. Coal India Limited and Ors.

Court: Kolkata

Decided on: May-05-2015

IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Present : ORIGINAL SIDE The Honble Justice Soumen Sen G.A.No.987 of 2012 C.S.No.77 of 2011 SHYAM SEL & POWER LTD.versus COAL INDIA LIMITED & ORS.For the plaintiff : Mr.Mr.Anindya Mitra, Sr.Adv., Mr.S.N.Mukherjee, Sr.Adv., Mr.Samit Talukdar, Sr.Adv.For the defendant : Mr.Mr.Mr.Mr.Heard on :19.01.2015, 06.04.2015, 27.04.2015. Judgment on : 5th May, 2015 P.C.Sen, Sr.Adv., K. Mondal, S.S.Bose, N.K.Roy. 04.02.2015, 08.04.2015, 09.03.2015, 22.04.2015, Soumen Sen, J.:- This interlocutory application has been filed by the plaintiff praying, inter alia, for a direction upon the respondent No.2 to execute fuel supply agreement in furtherance of the Letter of Assurance (in short LOA) dated 3rd/10th September, 2008. The plaintiff has taken steps for setting up an integrated steel and power plant in Village- Jamuria, District- Burdwan, in the State of West Bengal. The plaintiff says that for the purpose of setting up a captive power...


May 05 2015

Shenaaz Hafiz and Ors. Vs. The Calcutta Municipal Corporation and Ors.

Court: Kolkata

Decided on: May-05-2015

ORDER SHEET WP No.1260 of 2014 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHENAAZ HAFIZ & ORS.Versus THE CALCUTTA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 5th May, 2015. Mr.David Mantosh, Ms.Lopita Banerjee, Ms.Smruti Rekha Das, Adversus for the petitioners Mr.Amalesh Roy, Mr.Sujoy Mondal, Ms.Rumi Sen, Adversus for K.M.C.Mr.Soumitra Bandhopadhyay, Mr.Aniruddha Singha Roy, Advs..for respondent Nos.7 & 8 Mr.Arindam Mondal, Adv.for the State The Court : The writ petitioners assail an order dated December 10, 2014 passed by the Joint Municipal Commissioner of the Kolkata Municipal Corporation. It is contended on behalf of the writ petitioners that, the husband of the fiRs.writ petitioner was put into possession by the recorded allottee of stall F-51 at the Hogg Market. The recorded allottee is the deceased father of the respondent Nos.7 and 8 in the present proceedings. The husband of the fiRs.writ petitioner has died. ...


May 05 2015

East India Laminates (P) Ltd. and Anr. Vs. Union Bank of India and Ors ...

Court: Kolkata

Decided on: May-05-2015

ORDER SHEET WP518of 2015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE EAST INDIA LAMINATES (P) LTD.& ANR. Versus UNION BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE ARIJIT BANERJEE Date : 5th May, 2015. Mr.S.N.Mookerjee, Mr.S.R.Kakrania, Mr.Nimesh Mishra, Mr.Gaurav Singh, Adv.Adv.Adv.Adv.Ms.A.Rao, Adv.Mr.V.Raja Rao, Adv.Mr.Huzefa, Adv.The Court: Section 13(2) of Notice dated 16th January, 2015 under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI ACT, 2002),was served by the respondent bank on the writ petitioneRs.The writ petitioners raised objection to such notice by way of a representation dated 13th March, 2015 under Section 13(3A) of the said Act. The bank responded petitioners to such representation of the writ by their letter dated 27th March, 2015 whereby the bank sought to overrule the objections raised by the writ petitioneRs.petitioners In this writ petition the writ have cha...


May 05 2015

Khatu Villa Pvt. Ltd. Vs. National Insurance Co.Ltd.

Court: Kolkata

Decided on: May-05-2015

ORDER SHEET GA No.2925 of 2012 CS No.292 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE KHATU VILLA PVT.LTD.Versus NATIONAL INSURANCE CO.LTD.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 5th May, 2015. Appearance:Mr.Jayanta Kumar Mitra, Sr.Advocate. Mr.Reetobrata Mitra, Advocate..for the plaintiff. Mr.Abhijit Gangopadhyay, Advocate with Ms.Supriya Dubey, Advocate..for the defendant. The Court : This is an application under Chapter XIIIA of the High Court Original Side Rules seeking summary eviction of the defendant after service of notice under Section 106 of the Transfer of property Act. the suit property. The The defendant is a lessee in respect of rent structure is such that the relationship of the plaintiff and the defendant is to be governed by the provisions of the Transfer of property Act. It is not disputed by the defendant that the said lease is terminable upon service of notice under Section 106 of the Transfer of property Act. By a v...


May 04 2015

Parijat Vyapaar Private Limited and Anr. Vs. J. Khan and Ors.

Court: Kolkata

Decided on: May-04-2015

ORDER SHEET GA3007of 2010 With CS323of 2003 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PARIJAT VYAPAAR PRIVATE LIMITED & ANR. Versus J. KHAN & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 4th May, 2015. Mr.Malay Kr. Ghosh, Sr.Adv.Mr.Paritosh Sinha, Adv.Mr.A.Singh, Adv.Mr.S.Choudhury, Adv.Mr.Aniruddha Mitra, Adv.Mr.Surajit Sen, Adv.Mrs.Nairita Datta Chowdhury, Adv.The Court: The second defendant has applied for recalling of an ex parte Judgement and Decree dated August 6, 2009. It is contended on behalf of the second defendant that, the Writ of Summons of the suit was not served upon him. Reliance is placed on a report issued by the Deputy Sheriff which shows that the postal envelope came back with endorsement Incomplete Address. Such report also shows that, no attempt was made to serve the writ of summons through the plaintiffs Referring District claim to to Order Court. have 5 It is caused Rule submitted service 20 of by the that, the pub...


May 04 2015

Ananda Mohan Roy Vs. Hara Prasad Mookerji

Court: Kolkata

Decided on: May-04-2015

IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APOT132OF2015GA1113OF2015WITH EC152of 2010 ANANDA MOHAN ROY Versus HARA PRASAD MOOKERJ.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 4th May, 2015. Mr.P.K.Datta, Sr.Advocate Mr.Rajashri Dutta, Advocate Mr.S.Dutta, Advocate Mr.S.Sarkar, Advocate ..for appellant Mr.K.V.Viswanathan, Advocate for Bank of Baroda Mr.Ahin Choudhury, Sr.Advocate Mr.Subhasis Sarkar, Advocate Mr.Subrata Bhattacharyya, Advocate .for WBSIDC LTD.Mr.S.N.Mitra, Sr.Advocate Mr.Sabyasachi Choudhury, Advocate Mr.Dipayan Choudhury, Advocate Mr.Shourjyo Mukherjee, Advocate Mr.Suvradal Choudhury, Advocate Mr.Soumya Bhattacharyya, Advocate for decree holder/respondent The Court :- The appellant is before us, aggrieved by the impugned order dated 13th March, 2015 which was passed by the learned Single Judge in Execution Proceeding No.152 of 2010. The challenge is to the direction given by the learned Si...


May 04 2015

Rajaram Bohra Vs. Union of India and Ors.

Court: Kolkata

Decided on: May-04-2015

ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [ Customs].ORIGINAL SIDE GA2685of 2009 CUSTA11of 2009 RAJARAM BOHRA Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 4th May, 2015. For the Appellant : For the Respondent: Mr.Arijit Chakrabarti with Mr.N.K. Chowdhury, Advocates Mr.S.B. Saraf with Mr.K.K. Maiti, Advocates The Court : The subject matter of challenge in the appeal is a judgment and order dated 13th April, 2009 passed by the CustoMs.Excise and Services Tax Appellate Tribunal dismissing an appeal preferred by the appellant. When the appeal was admitted, the following question of law was formulated exparte : Whether the Tribunal below committed substantial error of law in holding that the appellant has not properly discharged the burden of proof when, admittedly, the seizure was initially made by Railway Protection Force and subsequently handed over to the Customs by not following the principle ...


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