Kolkata Court July 2015 Judgments
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Indian Institute of Technology, Kharagpur Vs. Mandana D. Farhang and O ...
Court: Kolkata
Decided on: Jul-14-2015
ORDER GA No.1125 of 2012 CS No.171 of 2009 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE INDIAN INSTITUTE OF TECHNOLOGY, KHARAGPUR Versus MANDANA D. FARHANG & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 14th July, 2015. Appearance: Mr.Ranjan Bachawat, Sr.Adv.Mr.Sayantan Bose, Adv.Mr.Kaushik Mondal, Adv.Ms.Somali Bose, Adv.for the defendant no.1 This is an application by the plaintiff for a direction upon the department to issue fresh writ of summons upon the defendants along with copies of the plaint. The plaintiff instituted the suit on 22nd June, 2009 inter alia praying for a declaration that there has been no concluded non-disclosure agreement between the plaintiff and the defendant no.1 and the said non-disclosure agreement as relied upon by the defendant no.1 is not valid or binding. The plaintiff has stated in the plaint that the fiRs.defendant is deemed to carry on business through a company being the defendant no.3 in which the fiRs.defe...
Parvati Devi Khemka and Ors. Vs. M/S. J.J.Grihanirman Pvt. Ltd.
Court: Kolkata
Decided on: Jul-13-2015
OD84AP1154of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PARVATI DEVI KHEMKA & ORS.VERSUS M/S.J.J.GRIHANIRMAN PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 13th July, 2015. For the petitioners : Mr.Anirban Ray,Advocate For the respondents : Mr.Debasish Kundu,Sr.Advocate Ms.Arunima Lala,Advocate Mr.Prabir Banerjee,Advocate The Court :- The respondent seeks to resist the arbitral reference on the ground that a suit has been instituted in the District Courts and an order of injunction is subsisting therein. The further ground urged is that since it is the admitted position that the second agreement of the year 1999 contains the arbitration clause, the disputes that have arisen between the parties under the fiRs.agreement on November 16,1996 cannot be a part of the reference. In support of the fiRs.limb of the respondents argument, an appellate order of September 11,2014 passed by a Division Bench of this Court is placed. It appears th...
Mahendra Kumar Jalan Vs. Anil Kumar J. Bavishi and Ors.
Court: Kolkata
Decided on: Jul-13-2015
G.A.1455 of 2013 APO62of 2014 W.P.98 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction Original Side MAHENDRA KUMAR JALAN Versus ANIL KUMAR J. BAVISHI & ORS.BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR The Hon'ble JUSTICE JOYMALYA BAGCHI Date : 13th July, 2015. For the Appellant : Mr.Mr.Mr.Mr.For the Respondents : Mr.Arindam Banerjee with Mr.Kaushik Bhatta, Advocates. THE COURT second round of Shaktinath Mukherjee, Sr.Advocate with Samit Talukdar, Sr.Advocate, Alok Kumar Ghosh and Amiya Narayan Mukherjee, Advocates : The present appeal pertains to litigation in the same controveRs.between the parties. The enactment in which the parties are fighting the lis is the West Bengal Building (Regulation of Promotion of Construction and Transfer by PromoteRs.Act, 1993. According to the appellant, he had to knock at the doors of this Court invoking powers under Article 226 of the serious penal consequences Constitution on account of which have to be faced by the appella...
Steelco Syndicate and Ors. Vs. Sashi Prasad Goenka and Ors.
Court: Kolkata
Decided on: Jul-13-2015
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APD No.2 of 2014 CS No.208 of 2008 STEELCO SYNDICATE & ORS. Versus SASHI PRASAD GOENKA & ORS. BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE SHIB SADHAN SADHU Date :13. h July, 2015. For Appellants : Mr. Mr. Ms. Mr. Moloy Ghosh, Sr. Adv. Soumavo Ghose, Adv. Riti Basu, Adv. and A. Mondal, Adv. For Defendants : Mr. Joydeep Kar, Sr. Adv. Mr. Aryak Dutt, Adv. The Court : The appeal is directed against a judgment and decree dated 8th October, 2013 by which the learned Trial Court decreed and directed the defendants to make over vacant and peaceful possession of the flat being No.2E, in the second floor of the building named Dimple Court at Premises No.26, Shakespeare Sarani, Kolkata 700 017. One of the issues in the suit was whether the plaintiffs were entitled to mesne profits. The issue was decided by the learned Trial Court in favour of the plaintiffs. The fact that the plaintiffs ...
Mehta Suraya Pvt. Ltd. Vs. Engineering Export Promotion Council
Court: Kolkata
Decided on: Jul-09-2015
ORDER SHEET GA33022011; CS1882011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MEHTA SURAYA PVT.LTD.Versus ENGINEERING EXPORT PROMOTION COUNCIL BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 9th July, 2015. Mr.S.Talukdar, Sr.Adv.appears with Ms.H.Chakraborty, Adv.Mr.Abhrajit Mitra, Sr.Adv., appears with Mr.S.Ghosh, Adv.The Court : This is an application filed by the plaintiff-petitioner under Chapter XIIIA of the Original Side Rules of this Honble Court for eviction of the defendant from the suit premises after serving a notice under section 106 of the Transfer of Property Act. The defendant appears to have been inducted as a tenant in respect of the suit premises by United Investment Corporation (for short UIC) on certain terms and conditions which, inter alia, include that the defendant shall vacate and deliver up peaceful possession of the suit premises given under the subject lease after service of due notice. The plaintiff appears to have institu...
Avtar Singh Brar Vs. Kotak Mahindra Bank and Ors.
Court: Kolkata
Decided on: Jul-09-2015
ORDER SHEET GA20662015; CS1462015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AVTAR SINGH BRAR Versus KOTAK MAHINDRA BANK & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 9th July, 2015. The Court : The plaintiff has instituted this suit challenging the award dated March 10, 2015. The plaintiff says that the plaintiff became aware of the said award on March 21, 2015 after he had received a copy of the said award dated March 10, 2015 from the defendant no.2 being the Arbitrator. The defendant no.3 is the widow of one Sohail Ahmed. The plaintiff and the said Sohail Ahmed (since deceased) had, sometime in or about 2010, jointly availed of a loan from the defendant no.1 for the purpose of financing a commercial vehicle. The plaintiff and the said Sohail Ahmed (since deceased) were both owners of the said vehicle which they used and let out on hire jointly. After the death of the said Sohail Ahmed, the plaintiff became the absolute owner of the said v...
Saregama India Limited Vs. Sky B (Bangla) Private Limited
Court: Kolkata
Decided on: Jul-08-2015
ORDER SHEET GA1952of 2015 With CS156of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SAREGAMA INDIA LIMITED Versus SKY B (BANGLA) PRIVATE LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 8th July, 2015. Appearance: Mr.Pratap Chatterjee, Sr.Adv.Mr.Ranjan Bachawat Sr.Adv.Mr.Debnath Ghosh, Adv.Mr.Soumya Roy Chowdhury, Adv.Mr.Avijit Dey, Adv..for the petitioner. Mr.Anil Gupta, Adv.Mr.Rajarshi Dutta, Adv..for the respondent. The Court: The petitioner claims to be the owner of copyright in respect of several songs forming the subject matter of the suit. The petitioner alleged that on diveRs.dates, the petitioner entered into agreements for valuable consideration with various producers and production houses by virtue of which the petitioner became the owner of the sound recordings and literary and musical works in the sound recordings forming part of the films produced by the producers/production houses and by virtue thereof, it is contended that t...
Fiona Roy and Ors. Vs. Standard Chartered Bank and Ors.
Court: Kolkata
Decided on: Jul-08-2015
ORDER SHEET GA1218of 2012 GA1220of 2012 GA1231of 2012 CS181of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE FIONA ROY & ORS.Versus STANDARD CHARTERED BANK & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 8th July, 2015. Appearance: Mr.Raj Ratan Sen, Adv.Mr.Sourav Kumar Mukherjee, Adv.Mr.T.Aich, Adv.Mr.Ram Banerjee, Adv.for the defendant nos.2 and 4 Mr.Pramit Kr. Ray, Sr.Adv.Mr.Arik Banerjee, Adv.for the plaintiffs. Mr.Md.Yasin Ali, Adv.Mr.Arijit Bardhan, Adv.Mr.Dipankar Mondal, Adv.MRS.Mamata Khatun, Adv.for the added defendant. The Court : This is an application taken out by the second and the fourth defendants. The description of the application is GA1218of 2012. It has two prayeRs.It wants a direction from this Court upon the fiRs.plaintiff, MRS.Fiona Roy, to produce the original passport of late Soumendra Prakash Roy numbered as A9615686 issued on 21st May, 2001. It also asks for an order that the Receiver Mr.Sudip Deb, Advocate should mak...
…petitioner/Appellant Vs. The Coal India Limited and Others
Court: Kolkata
Decided on: Jul-07-2015
In the High Court at Calcutta Civil Appellate Jurisdiction Original Side Present: The Honble Justice Nishita Mhatre And The Honble Justice Asha Arora A.P.O No.96 of 2015 Arising out of W.P. No.761 of 2012 Manik Paul Petitioner/appellant Versus The Coal India Limited and others Respondents For the petitioner/appellant: Mr. Partha Ghosh Mr. Shamik Chatterjee For the respondents: Mr. Aloke Banerjee Mrs. Sanchita Burman Roy Heard on:29. 06.2015 and 30.06.2015 Judgment on:07. 07.2015 Asha Arora, J.:1. The present appeal at the instance of the writ petitioner Manik Paul has been directed against the judgment dated 6th June, 2013 rendered by the learned Single Judge dismissing Writ Petition No.761 of 2012.2. The petitioners contention in the aforesaid writ application is that his father Gedu Paul who was working as peon in Monohar Bohal Colliery died in harness on 5th July, 2008. The said Colliery was taken over by the Eastern Coalfields Limited which is under the management and control of th...
Tarini Financial Advisory Limited and Anr Vs. Krishna Dhar and Anr.
Court: Kolkata
Decided on: Jul-07-2015
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA2077OF2015WITH CS444of 2013 TARINI FINANCIAL ADVISORY LIMITED & ANR Versus KRISHNA DHAR & ANR. BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date : 7th July, 2015. Mr.Sakkya Sen, Advocate Mr.A.Poddar, Advocate Mr.Anurag Bagaria, Advocate Mr.Touseef Khan, Advocate .for plaintiffs/respondents Mr.Dipankar Dhar, Advocate Mr.Pallab Mondal, Advocate Mr.Rudra Dhar, Advocate for defendants/petitioners The Court : The defendants in the suit filed this application with a prayer of injunction restraining plaintiffs/respondents from alienating or creating any right or interest in respect of the shop rooms and office rooMs.or any other portion occupied by the plaintiffs/respondents as claimed in the plaint and interlocutory applications in favour of any third party, in any manner whatsoever till the disposal of the suit. Mr.DharLearned Counsel, appearing for the defendants/petitioners submits that the present ...
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