Kolkata Court August 2015 Judgments
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M/S Perfex Impex (P) Ltd and Ors. Vs. Bank of Baroda and Ors.
Court: Kolkata
Decided on: Aug-12-2015
ORDER SHEET WP8792015 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE M/S PERFEX IMPEX (P) LTD & ORS.Versus BANK OF BARODA & ORS.BEFORE: The Hon'ble JUSTICE DIPANKAR DATTA Date : 12th August, 2015. Mr.Joy Saha, Adv.with Ms.S.Mitra(Saha).Adv.Mr.K.V.Vishwanathan, Adv., with Mr.K.N.Mukherjee, Adv.Mr.B.Bhattacharyya, Adv.The Court : The petitioners are the debtors of the respondent Bank. Action was initiated by the Bank under section 13(2) of the SARFAESI Act by issuing a demand notice. The petitioners duly filed their objection thereto under section 13(3A) of the Act. The Bank did not accept the objection raised by the petitioners and initiated steps for taking possession of the secured asset under section 13(4)(a) of the Act. The effort having proved abortive, the Bank had approached the Chief Metropolitan Magistrate, Calcutta, by filing an application under section 14 of the Act. The Magistrate has passed an order on 8th May, 2015 recording, inter alia, as f...
Derby Sales Pvt. Ltd. and Anr. Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Aug-11-2015
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE GA2107of 2015 WP829of 2013 DERBY SALES PVT. LTD. & Anr. -VS.STATE OF WEST BENGAL & Ors. BEFORE : THE HONBLE JUSTICE ARIJIT BANERJEE For the writ petitioner : Mr. Abhrajit Mitra, Sr. Adv. Mr. Jishnu Chowdhury, Adv. Mr. Chayan Gupta, Adv. Mr. Dwip Raj Basu, Adv. For KMC : Mr. Ashok Kumar Banerjee, Adv. Mr. Alok Kumar Ghosh, Adv. Mr. Biswajit Mukherjee, Adv. Mr. Gopal Chandra Das. Heard on :20. 07/2015 Judgment on :11. 08/2015 Arijit Banerjee, J.: (1) This is an application for recalling the judgment and order dated 4th June, 2015 passed by this court whereby WP No.829 of 2013 (Derby Sales Pvt. Ltd. & Anr.-vs.-The State of West Bengal & Ors.) was disposed of on contest after hearing all the concerned parties at length. By the said judgment and order the respondent authorities were directed to hand over vacant and peaceful possession of the premises No.7/1A, Hazra Road, Calcutta 700019 to the writ petitioner No.1 ...
M/S. Arjun Shyam and Co. (P) Ltd. Vs. M/S. Sagar Trading Co. and Ors.
Court: Kolkata
Decided on: Aug-11-2015
ORDER SHEET GA391of 2015 With CS243of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S.ARJUN SHYAM & Co.(P) LTD.Versus M/S.SAGAR TRADING Co.& ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 11th August, 2015. Appearance: Mr.S.Deb Adv.Mr.R.N.Basak, Adv.Mr.Bidyut Dutt, Adv.for the defendants. Mr.S.Mallick, Adv.for the plaintiff. The Court : This is an application under Chapter XIIIA of the Original Side Rules of our High Court. The claim in the suit is arising out of money lent and advanced. The plaintiff says that the defendant no.1 has failed and neglected to pay the loan and the interest. The plaintiff says that the defendant no.1 in acknowledgement of its liability has issued three cheques aggregating to a sum of Rs.37,32,940/-. The defendant no.1 has also issued another cheque dated 12th October, 2011 for Rs.67,500/- in favour of the plaintiff towards payment of interest for the second loan amount. The three cheques aggregating to Rs.37,32,...
Tata Capital Financial Services Ltd. Vs. Susanta Kumar Samal and Anr.
Court: Kolkata
Decided on: Aug-11-2015
ORDER SHEET G.A.No.2222 of 2015 With E.C.No.552 of 2015 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE TATA CAPITAL FINANCIAL SERVICES LTD.Versus SUSANTA KUMAR SAMAL & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 11th August, 2015. Appearance: Mr.Aniruddha Mitra, Adv.Mr.A.K.Upadhyay, Adv. for the applicants/judgment-debtors Mr.Priyankar Saha, Adv. for the decree-holder The Court: This application has been filed by the judgment-debtors for recalling of the order dated 18th June, 2015. By the order dated 18th June, 2015, I have appointed a Receiver to take possession of the asset in question. This application has been filed by the judgment-debtors for recalling of the said order on the ground that this Court has no jurisdiction to try and determine the execution application. The argument appears to be that since the decreeholder filed the application under Section 9 of the Arbitration and Conciliation Act before the Bombay High Court, the applicatio...
C.I.T. Central I Vs. Amin Chand Payarelal
Court: Kolkata
Decided on: Aug-11-2015
ITA545of 2004 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax].ORIGINAL SIDE C.I.T.CENTRAL - I Versus AMIN CHAND PAYARELAL BEFORE: The Hon'ble JUSTICE SOUMITRA PAL The Hon'ble JUSTICE MIR DARA SHEKO Date : 11th August, 2015. Mr.M.P.Agarwal, Advocate.for appellant Mr.Abhrotosh Majumder,Advocate with Mrs.Nilanjana Banerjee, Advocate for respondent/assessee. Soumitra Pal, J.:This application has been filed by the C.I.T., Central I, the appellant, praying for leave to file appeal from the order passed on 23rd October, 2000 in ITA Nos.576 to 582 (Cal) of 1996 by the Income Tax Appellate Tribunal and to admit the appeal. Prayer has also been made for stay of operation of the said order. The appellant seeks admission of the appeal on the following substantial question of law : Whether, on the facts and in the circumstances of the case, the order of the Income-tax Appellate Tribunal cancelling the penalties under section 271(1)(c) of the Income-tax Act, 1961, for the assessment ...
M/S. Prapti Fashions Pvt. Ltd. and Anr. Vs. Manoj Kumar Gupta
Court: Kolkata
Decided on: Aug-10-2015
CC No.38 of 2015 GA No.851 of 2015 GA No.411 of 2015 CS No.28 of 2013 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) ORIGINAL SIDE M/S.PRAPTI FASHIONS PVT.LTD.& ANR. Versus MANOJ KUMAR GUPTA BEFORE: The Hon'ble CHIEF JUSTICE MRS.MANJULA CHELLUR AND The Hon'ble JUSTICE JOYMALYA BAGCHI Date: 10th August, 2015 Appearance Mr.Ranjan Bachawat, Sr.Adv.with Mr.Rudraman Bhattacharya, Adv.Mr.Victor Dutta, Adv.Mr.Soumya Sen, Adv.Mr.Prithiraj Sinha, Adv..for the petitioners Mr.Probal Mukherjee, Sr.Adv.with Mr.Sakabdo Roy, Adv.Mr.Dhiraj Kumar Gupta, Adv..for the respondent-contemnor The Court : These contempt proceedings arise out of proceeding in C.S.No.28 of 2013. In C.S.No.28 of 2013 interim directions were sought in GA No.396 of 2013 and the relevant prayers were at prayers (a) and (c).Subsequently, on 1.9.2014 interim order passed on 11.8.2014 was confirmed. Since plaintiffs trademark PRAPTI was still used in spite of interim directions by the Learned Single Judge not to use the...
Abdul Hamid and Anr. Vs. Magma Fincorp Ltd. and Anr.
Court: Kolkata
Decided on: Aug-07-2015
OD-75 A.P.No.972 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ABDUL HAMID & ANR. Versus MAGMA FINCORP LTD.& ANR. Appearance Mr.Prasenjit Mukherjee, Adv.Mr.Jishnu Chowdhury, Adv.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : August 7, 2015. The Court : No ground is urged on the merits of the arbitral award in the challenge under Section 34 of the Arbitration and Conciliation Act, 1996 to the award of May 12, 2015. The only two grounds cited are that no reasonable opportunity was afforded to the petitioners to participate in the arbitral reference and that the arbitrator ignored that some orders were passed in proceedings instituted by the petitioners before a Consumer Disputes Redressal Forum. The averments in the petition are of relevance in the context. At paragraph 19 thereof, it is pleaded that on November 3, 2014, the respondent issued a purported notice invoking the arbitration clause At paragraph 20 thereof, it is stated that on Dec...
Ambuja Neotia Holdings Private Limited Vs. M/S Planet M Retail Limited
Court: Kolkata
Decided on: Aug-07-2015
AP No.9 of 2015 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION AMBUJA NEOTIA HOLDINGS PRIVATE LIMITED -VersusM/S PLANET M RETAIL LIMITED For the Petitioner: Mr Mr Mr Mr Mr Abhrajit Mitra, Sr Adv., Sakya Sen, Adv. Sourav Ghosh, Adv., Sarvapriya Mukherjee, Adv. Arnab Basu Mullick, Adv. For the Respondent: Mr Mr Mr Mr Mr Rabindra Narayan Dutt, Adv., Aroon Kr Ghosh, Adv., Shibashis Ghosh, Adv., Hare Krishn Halder, Adv. Koushik Bhattacharyya, Adv. Heard on: August 5, 2015. BEFORE SANJIB BANERJEE, Judge Date: August 7, 2015. SANJIB BANERJEE, J.: The defence of the respondent to this request under Section 11 of the Arbitration and Conciliation Act, 1996 is two-fold: that the claim of the petitioner is generically incapable of being arbitrable; and, that there is no arbitration agreement between the parties.2. The respondent says that since the petitioner claims to be the superior lessor or licensor in respect of a property and seeks a dispute pertaining to the licensed pr...
M/S. J.K. Industries Ltd. Vs. Upendra Chowdhury and Ors.
Court: Kolkata
Decided on: Aug-06-2015
WP No.878 of 2003 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE M/S.J.K.INDUSTRIES LTD.VERSUS UPENDRA CHOWDHURY & ORS.BEFORE: The Honble Justice ARINDAM SINHA Dated, the 6th August, 2015. Appearance: Mr.Partha Sarathi Sengupta, Sr.Adv.Mr.Swapan Kumar Dutta, Adv.Mr.Dipankar Das Gupta, Adv.Mr.Sambuddha Dutta, Adv.For the petitioner. Mr.R.N.Majumder, Adv.Mr.Nayan Rakshit, Adv.For the private respondent. The Court:- The petitioner is a company having challenged the award dated 21st November, 2002 made by the IVth Industrial Tribunal, West Bengal, Kolkata in which, inter alia, the following was held and directed Considering the facts and circumstances and in view of my above observation I have no hesitation to hold that the concerned workman was the employee of the concerned company as a driver and I am to hold that the termination of service of the concerned workman named Upendra Chowdhury w.e.f.07.09.1997 is not justified, and the concerned workman is entit...
Shree Krishan Binani and Anr. Vs. Progressive Constructions Limited
Court: Kolkata
Decided on: Aug-05-2015
ORDER SHEET GA No.1840 of 2014 CS No.202 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SHREE KRISHAN BINANI & ANR. Versus PROGRESSIVE CONSTRUCTIONS LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 5th August, 2015. Appearance: Mr.Sumon Dutt, Adv.Mr.Kumar Gupta, Adv.Mr.Rajesh Kr. Gupta, Adv.Mr.Ramesh Dhara, Adv.Mr.Soumabho Ghose, Adv.Mr.Uttam Sharma, Adv.The Court: The Court: In a suit for recovery of money, the petitioner has filed this application in the nature of attachment before judgment. The claim in the suit has arisen out of price of goods sold and delivered. The petitioner claims to have sold goods of diveRs.specifications between January 2009 and April 2011 to the respondents. The petitioner states that against the supply made for the period from January 2009 to April 2011, the petitioner raised bills and/or invoices aggregating to Rs.2,76,77,888/-. The respondent in acknowledgement of its dues made part payment of a sum of Rs.2,...
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