Kolkata Court July 2015 Judgments
Sunirmay Vinimay Private Limited and Another Vs. Cesc Limited and Anot ...
Court: Kolkata
Decided on: Jul-31-2015
WP No.1049 OF2012IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Sunirmay Vinimay Private Limited and Another versus CESC Limited and Another For the petitioners:- Mr.Chyan Gupta Mr.Shouveek Ray, Advocates For the CESC:- Mr.S.Sanyal Mr.P.Mukherjee Mr.D.Agarwal, Advocates Judgement On: - 31st July, 2015 I.P.MUKERJI, J. A very interesting question has arisen in this writ. The question is: Whether the writ petitioner company ( hereinafter the writ petitioner) the present owner of a premises can be compelled to pay the electricity dues of the previous owner aggregating to Rs.8,59,088.99 as a condition precedent to getting supply of electricity?. I will fiRs.elucidate on the law, before entering into the facts. There are certain liabilities like land revenue and municipal tax which are attached to the property as a charge. They can be recovered from the owner of the property by an action in personam or by sale of the charged property. Outstanding electricity con...
Tag this Judgment!Suresh Tulshan, Trustee of K.P. Foundation and Ors. Vs. Marco Polo Res ...
Court: Kolkata
Decided on: Jul-30-2015
GA No.2827 of 2013 C.S.No.221 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Suresh Tulshan, Trustee of K.P.Foundation & ORS.versus Marco Polo Restaurant PVT.LTD.For the Defendant/Petitioner:- Mr.Jishnu Saha, Sr.Advocate Mr.Srenik Shinghvi, Advocate Miss S. Ganguly,Advocate For the Plaintiff/ Respondent: Mr.Abhrajit Mitra, Sr.Advocate Mr.S.Ghose, Advocate Judgement on 30th July, 2015 : I.P.MUKERJI,J. In the beginning of July 2013, this suit was filed in this court by six trustees of 20 trusts. These trustees, on behalf of the trusts, were jointly the lessees of a single storied building within premises no.24 Park Street, Kolkata-16. The lease by which they held this property empowered them to sub-lease it. A part of this building was let out by the plaintiffs to the defendant on 22nd April 2004 as a monthly tenant. The area covered by the tenancy was 2731 sq. ft. The rent payable was Rs.1,98,375/- per month together with the tenants contributio...
Tag this Judgment!Guiness Securities Ltd. Vs. Dolly Agarwala
Court: Kolkata
Decided on: Jul-30-2015
OD-30 AP No.49 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GUINESS SECURITIES LTD.Versus DOLLY AGARWALA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 30th July, 2015. Appearance: Mr.Moinak Bose, Adv.Mr.S.Gandhi, Adv.Mr.A.Agarwal, Adv.Ms.Manideepa (Paul) Roy, Adv.The Court : A trading member of the National Stock Exchange questions the propriety of an award rendered by the institutional arbitration mechanism of the Stock Exchange, holding the petitioner liable to pay an amount in excess of Rs.12.41 lakh to the respondent constituent. The arbitration arose following the constituents claim that certain transactions were conducted in the constituents account by the trading member of the NSE without the authority of the constituent. There is no dispute as to the jurisdiction of the arbitral tribunal or as to the arbitrability of the disputes that arose between the constituent and the trading member. The petitioner seeks to question the award...
Tag this Judgment!C. I. T. Kolkata Iv Vs. Tegoomals' Ltd.
Court: Kolkata
Decided on: Jul-30-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE ITA711of 2004 C.I.T. KOLKATA - IV Versus TEGOOMALS' LTD.BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE MIR DARA SHEKO Date : 30th July, 2015. Mr.P.Dudhoria, Adv.for the appellant. Soumitra Pal, J.:- This is an appeal of 2004. From the records it appears that on 16th May, 2014 when the matter came up for hearing, Mr.Dudhoria, learned advocate for the appellant, sought adjournment to serve notice. Thereafter, the matter came up on 29th January, 2015 and as none appeared for either of the parties the matter was directed to be listed on 2nd February, 2015 under the heading For Dismissal. On 12th February, 2015, the matter again came up when direction was issued for service and the matter was directed to be listed four weeks hence. Thereafter, the matter came up on 12th March, 2015 when an order was recorded by the Court that as there was nothing to show that notice of appeal had been ser...
Tag this Judgment!M/S Aka Logistic Private Limited Vs. Damodar Valley Corporation
Court: Kolkata
Decided on: Jul-29-2015
AP No.1211 of 2015 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION M/S AKA LOGISTIC PRIVATE LIMITED -VersusDAMODAR VALLEY CORPORATION For the Petitioner: Mr Mr Mr Mr S. N. Mookherjee, Sr Adv., Kishore Dutta, Sr Adv., Neelesh Choudhury, Adv., Anirudha Poddar, Adv. For the Respondent: Mr D. N. Ray, Adv. Heard on: July 27, 2015. BEFORE SANJIB BANERJEE, Judge Date: July 29, 2015. SANJIB BANERJEE, J.: The challenge here is to an interim arbitral award on the ground that it decides the rights of the parties finally and has required only the quantum due to the petitioner to be ascertained by an expert under Section 26 of the Arbitration and Conciliation Act, 1996. The ground urged by the petitioner is that there is error apparent on the face of the award in the flawed interpretation of a key clause of the agreement between the parties.2. Pursuant to a tender process initiated in December, 2008, Damodar Valley Corporation issued a work order to the petitioner on June 25, 20...
Tag this Judgment!Magma Fincorp Ltd. Vs. Sunil Kumar Shaw and Anr.
Court: Kolkata
Decided on: Jul-29-2015
ORDER SHEET G.A.No.2079 of 2015 A.P.O.T.No.268 of 2015 With A.P.No.321 of 2015 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE MAGMA FINCORP LTD.Versus SUNIL KUMAR SHAW & ANR. BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE -AndThe Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 29th July, 2015. For Appellant : Mr.Swatarup Banerjee with Mr.Santanu Chatterjee, Adversus For Respondents : Mr.S.L.Adak with Mr.S.K.Ghosh, Adversus This appeal is against an order dated 27th April, 2015 passed by the learned Single Bench whereby the learned Single Bench refused to pass orders as prayed for by the appellant in its application for interim relief, being A.P.No.321 of 2015, observing that the order dated 14th May, 2014 in A.P.No.346 of 2014 was sufficient for the purpose of preservation of the asset in question, which was the subject matter of the award. It appears that the petitioner financed the purchase of the assets specified in the petition on terms and conditions contained in t...
Tag this Judgment!Eih Limited Vs. Bata India Limited
Court: Kolkata
Decided on: Jul-28-2015
IN THE HIGH COURT AT CALCUTTA BEFORE: Ordinary Original Civil Jurisdiction ORIGINAL SIDE The Hon'ble JUSTICE SOUMEN SEN G.A.No.2629 of 2012 C.S.No.212 of 2012 EIH LIMITED versus BATA INDIA LIMITED For the petitioner : Mr.Jayanta Kr. Mitra, Ld.Adv.Gen. Mr.Sakya Sen, Ms.D.Dutta. For the respondent : Mr.Mr.Mr.Mr.Mr.Heard On : 10.03.2015, 17.03.2015, 28.04.2015 Judgment On : 28th July, 2015 S.N.Mookherjee, Sr.Adv., Abhrajit Mitra, Sr.Adv., Anirban Roy, Kumarjit Banerjee, V.V.V.Sastry. Soumen Sen, J.:- The petitioner has filed this application under Chapter XIIIA of the Original Side Rules of this Court for eviction of the defendant from the suit premises. The plaintiff is the owner of the premises. The plaintiff says that having regard to the composition of the rent the relationship of the plaintiff and the defendant is governed by the Transfer of Property Act and not by the West Bengal Premises Tenancy Act. The plaintiff on 8th February, 2012 initially had issued a notice to quit under Se...
Tag this Judgment!Ashim Guha Thakurata and Ors. Vs. Benoy Kumar Chatterjee and Ors.
Court: Kolkata
Decided on: Jul-28-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: The Hon'ble JUSTICE SOUMEN SEN GA No.2065 of 2010 CS No.943 of 1982 ASHIM GUHA THAKURATA & ORS.-VersusBENOY KUMAR CHATTERJEE & ORS.For the Plaintiffs/Applicants : Mr.Samit Talukdar, Sr.Adv.Mr.Dhruba Ghosh, Mr.A.Basu For the Movement Traders PVT.LTD.: Mr.Suman Dutta Mr.A.K.Gandhi, Ms.Sweta Gandhi Heard On : 30.03.2015, 06.04.2015, 08.06.2015, 29.06.2015, 22.07.2015 Judgment On : 28th July, 2015 Soumen Sen, J.:- This is an application at the instance of two persons claiming to be the owners of the property for setting aside of sale in favour of one Movement Traders PVT.LTD.confirmed pursuant to the order passed by this Court on 10th May, 2010. The dispute relates to a very valuable property situated at Mouza Hirapur, Tola Jharudih, Mouza No.7, P.S.-Dhanbad, Dist-Dhanbad, admeasuring about 21 Cottahs, comprised in plot Nos.660 and 661 along with the two storied dwelling house. The sale was conducted b...
Tag this Judgment!…petitioner/Appellant Vs. Uco Bank and Others
Court: Kolkata
Decided on: Jul-27-2015
In the High Court at Calcutta Constitutional Writ Jurisdiction Original Side Present: The Honble Justice Nishita Mhatre And The Honble Justice Asha Arora A.P.O No.112 of 2014 Arising out of W.P. No.755 of 2011 Sri Basudev Halder Petitioner/appellant Versus UCO Bank and others Respondents For the petitioner/appellant: Mr. Sarajit Sen Mr. Sambhunath Sardar For the respondents: Mr. A.K. Routh Mr. Sudeep Pal Chowdhuri Heard on:14. 07.2015 Judgment on:27. 07.2015 Asha Arora, J.:1. The appellant/writ petitioner, while posted as Senior Manager at Ganesh Chandra Avenue Branch of UCO Bank, Kolkata during the period from 14/12/2005 to 28/07/2007 had allegedly committed irregularities in sanctioning and disbursing loan to borrowers thereby exposing the Bank to financial loss. Departmental proceedings were initiated against the writ petitioner who was charge-sheeted on 04/01/2010.2. The charge-sheet contained the following five articles of charge: (i) Sri Halder failed to discharge his duties with...
Tag this Judgment!Sahaj Evillage Ltd and Anr Vs. Csc Egovernance Services India Ltd
Court: Kolkata
Decided on: Jul-27-2015
ORDER SHEET GA No.2254 of 2015 With CS No.177 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SAHAJ E-VILLAGE LTD & ANR Versus CSC E-GOVERNANCE SERVICES INDIA LTD BEFORE: The Honble JUSTICE SOUMEN SEN Date : 27th July, 2015. Appearance: Mr.Sudipta Sarkar, Sr.Adv.Mr.Soumya Majumdar, Adv.Ms.N.Chatterjee, Adv.Ms.A.Malhotra, Adv.for the petitioners Mr.Tanuj Khurana, Adv.Mr.Puspal Chakraborty, Adv.for the respondent. The Court : The plaintiff is engaged in the business of providing service in respect of National E-Governance Programme. For the purpose of implementation of the National E-Governance Plan, the Department of Electronics and Information Technology, Ministry Common of Communication, Service Centers Government Scheme. The of said India formulated scheme provided the for setting up a Special Purpose Vehicle (SPV) for the purpose of channelling government support, national level content aggregation, Monitoring of Operations etc.beyond the per...
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