Kolkata Court November 2016 Judgments
Rishikesh Mercantile Private Limited Vs. Tuf Metallurgical Private Lim ...
Court: Kolkata
Decided on: Nov-21-2016
O-30 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION GA No.3163 of 2015 CS No.234 of 2015 GA2313OF2016RISHIKESH MERCANTILE PRIVATE LIMITED -VSTUF METALLURGICAL PRIVATE LIMITED -AndGA3165of 2015 CS237of 2015 GA2311of 2016 BLOOMING PROJECTS PRIVATE LIMITED -VSTUF METALLURGICAL PRIVATE LIMITED -AndGA3176of 2015 CS236of 2015 GA2310of 2016 SHAPE PROJECTS PRIVATE LIMITED -VSTUF METALLURGICAL PRIVATE LIMITED Mr.Jishnu Choudhury, Adv.Mr.A.K.Upadhyay, Adv.Advocate for the plaintiffs Mr Utpal Bose, Sr.Adv.Sakya Sen, Adv Shiladitya Bose, Adv.Rohit Mukherjee, Adv.Advocate for the Defendant BEFORE: The Honble JUSTICE SANJIB BANERJEE Date: November 21, 2016. The Court:- The parties agree that the nature of the claim in all three matters is the same and the same defence would have to be assessed. The fiRs.of the matters listed is taken up for consideration by referring to the facts and the papers pertaining thereto. As indicated by the parties, the facts and the corresponding paper...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Nov-21-2016
IN THE HIGH COURT AT CALCUTTA TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE GA3436OF2014IN PLA59OF2010IN THE GOODS OF: NAND BHERUMAL ADVANI ALIAS NANDU ADVANI (DECEASED) For the Petitioner: Mr Mr Mr Mr J.Chowdhury, Adv., M. S. Tiwari, Adv., S. K. Tiwari, Adv., R. Das, Adv. For the Respondents: Mr Surojit Nath Mitra, Sr Adv., Mr Sakya Sen, Adv., Ms Sanchari Chakraborty, Adv. Hearing concluded on: November 16, 2016. BEFORE SANJIB BANERJEE, Judge Date: November 21, 2016. SANJIB BANERJEE, J.: The petition is for revocation of the grant of a probate filed by a person claiming to be the legatee in respect of the only immovable property of the testator under a previous Will. Probate of the previous Will has been granted by the Bombay High Court. The previous Will is said to be of June 14, 2006, of which probate was obtained on May 26, 2014. The later Will, which has been probated by this Court on February 3, 2014, is of July 24, 2009.2. The principal ground urged by the petitioner, o...
Tag this Judgment!Smt. Persis a. Khambatta and Anr. Vs. Industrial Investment Bank of In ...
Court: Kolkata
Decided on: Nov-21-2016
OD-11 GA No.2899 of 2013 CS No.324 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. PERSIS A. KHAMBATTA & ANR. Versus INDUSTRIAL INVESTMENT BANK OF INDIA LTD.(IN VOLUNTARY LIQN) BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 21st November, 2016. Appearance: Mr.Ratnanako Banerji, Sr.Adv.Mr.Sakya Sen, Adv.Mr.Kuldeep Mullick, Adv.Mr.Aasish Chowdhury, Adv.Mr.Jayanti Ghoshal, Adv.Ms.Priyanka Lahiri, Adv..for the plaintiffs Mr.Abhrajit Mitra, Sr.Adv.Mr.Chayan Gupta, Adv.Mr.S.Pal Choudhuri, Adv.Ms.S.Das, Adv.Ms.P.Das, Adv..for the defendant The Court : The present suit is of limited import and the more substantial claim of the plaintiffs is pending before a Court in Ahmedabad. The plaintiffs invested in preference shares offered by the defendant in 1998. The terms of the offer, in respect of the preference shares invested in by the plaintiffs, were that such redeemable cumulative non-convertible preference shares would be redeemed on the expiry...
Tag this Judgment!Hooghly Alloy and Steels Company Pvt. Ltd. Vs. Axis Bank Ltd. and Ors.
Court: Kolkata
Decided on: Nov-18-2016
Form No.(J2) IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE Present: The Honble Justice Ranjit Kumar Bag CS350of 2014 HOOGHLY ALLOY & STEELS COMPANY PVT. LTD. Versus AXIS BANK LTD. & ORS. For the Plaintiff : Mr. Abhrajit Mitra, Sr. Mr. Arik Banerjee, Mr. Shaunak Ghosh, Mr. Rajib Mullick, Adv. Adv. Adv. Adv. Hearing concluded on : November 18, 2016. Judgement delivered on : November 18, 2016. R.K. Bag, J.: The plaintiff is a company engaged in the business of manufacturing of alloy steel. In the month of January, 2011 the plaintiff approached the defendant no.1 for financial assistance for augmentation of business. The defendant no.1 sanctioned credit facility in favour of the plaintiff for an amount of Rs. 2950.50 lakh with the following break up :- (i) Rs. 2450 lakh as cash credit facility, (ii) Rs. 330.50 lakh as term loan facility and (iii) Rs. 170 lakh as letter of credit facilities. The plaintiff had to mortgage the property situated at Mouza- Dak...
Tag this Judgment!Consultants Combine Pvt.Ltd. Vs. Pushpraj Bajaj
Court: Kolkata
Decided on: Nov-16-2016
Form No.(J2) IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present : The Honble Justice Ranjit Kumar Bag CS No.88 of 2014 CONSULTANTS COMBINE PVT.LTD. Versus PUSHPRAJ BAJAJ For Plaintiff : Mr. Chayan Gupta, Advocate with Mr. Arik Banerjee, Advocate For Respondent : Mr. Rishav Banerjee, Advocate with Mr. Javed Majid, Advocate Hearing concluded on : November 16, 2016. Judgement delivered on : November R.K. BAG, J.16 , 2016. The plaintiff, a company incorporated under the Companies Act, 1956 is engaged in the business of architecture and turn key contracts. The defendant is the sole proprietor of the firm JLB Associates. and is engaged in the business of general order supply and deals in ceramic, wall, floor tiles, sanitary items, paints, vinyl and wooden flooring and rubber wood furniture. In the month of December 2008 the plaintiff entered into a joint venture agreement with M/s. Bharat Bhari Udyog Nigam Limited. (hereinafter referred to as BBUNL) for ...
Tag this Judgment!Surya Alloy Industries Ltd Vs. Union of India and Ors.
Court: Kolkata
Decided on: Nov-15-2016
OD8GA16of 2013 CS417of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SURYA ALLOY INDUSTRIES LTD Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 15th November, 2016. Mr.Jishnu Saha,Sr.Advocate appeaRs.Mr.Raja Basu Chowdhury,Advocate appeaRs.Mr.Goutam Shroff,Advocate appeaRs.Mr.L.K.Chatterjee,Sr.Advocate appeaRs.Ms.Aparna Banerjee,Advocate appeaRs.The Court : - The plaintiff seeks the continuation and confirmation of what appears to be a cyclostyled order based on a different set of applicable to the facts present with only case. The the ad operative interim part order made is of December 20, 2012. The facts pertaining to this matter are not indicated in the order except that the facts were perceived to have been comparable to the facts in another matter in which a similar order was passed. The plaintiff is on the approved list of suppliers of goods to the railways. There are certain privileges of being on such by lis...
Tag this Judgment!Technoshop Private Limited Vs. Salim Mirza
Court: Kolkata
Decided on: Nov-15-2016
1 ORDER SHEET GA972of 2016 CS5of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TECHNOSHOP PRIVATE LIMITED Versus SALIM MIRZA BEFORE: The Hon'ble JUSTICE SHIVAKANT PRASAD Date : 15th November, 2016. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.Deb Kumar Sen, Adv.Ms.Taniya Mitra, Adv.for the plaintiff. Mr.Arik Banerjee, Adv.for the defendant. The Court : The petitioner-defendant has filed this application with a prayer for return of plaint to the appropriate Court in which the suit should have been instituted as per the provision of Order 7 Rule 10 of the Code of Civil Procedure in view of the fact that this Honble Court has no jurisdiction to try and entertain the suit. The plaintiff has filed the suit for eviction and recovery of khas possession of the suit premises as described in the Schedule to the plaint with mesne profit. The defendant filed written statement and is contesting the suit and has also filed this application on contention that the v...
Tag this Judgment!Union of India and Ors. Vs. Bagadiya Brothers Pvt Ltd.
Court: Kolkata
Decided on: Nov-11-2016
FORM NO.(J2) IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PRESENT: The Hon'ble JUSTICE RAKESH TIWARI AND The Hon'ble JUSTICE MIR DARA SHEKO APO3572015; WP19762006 UNION OF INDIA & ORS.Versus BAGADIYA BROTHERS PVT LTD.Advocates for the appellants: Mr.A.K.Ghosal, Sr.Adv.appears with Mr.S.Roy, Adv.Advocates for the respondents: Mr.S.Sarkar, Sr.Adv.appears with Mr.R.A.Agarwal, Adv., Mr.R.Dhara, Adv.Hearing concluded on: 11.11.2016 Judgment delivered on: 11.11.2016 RAKESH TIWARI, J. : Petitioner no.1 in the writ petition is a company incorporated under the Companies Act, 1956, having its registered office at Bagadiya Mansion, Jawahar Nagar, Raipur, Chhatisgarh-492001. It carries on its business through an agency and/or an instrumentality; whereas petitioner no.2 is a director of the aforesaid petitioner no.1. The petitioners are exporters of different types of materials in bulk, particularly coal and iron which are collected from the mining areas and transported ...
Tag this Judgment!Matter of Ujjal Kumar Das Vs. State Bank of India, the Deponent Wishes ...
Court: Kolkata
Decided on: Nov-10-2016
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PRESENT : Honble Justice Dipankar Datta W.P. No.862 of 2015 Metsil Exports Private Ltd. & anr. v. Punjab National Bank & anr. For the petitioners : Mr. Sabyasachi Chowdhury, Advocate, Mr. S.E. Huda, Advocate, Mr. Awadhesh Kumar Rai, Advocate. For the respondents : Mr. Joy Saha, Sr. Advocate. Mr. V. Raja Rao, Advocate. Ms. Aparajita Rao, Advocate. Heard on: June 8 and 29, July 20 and August 19, 2016 Judgment on: November 10, 2016 1. This writ petition dated July 8, 2015, mounts a challenge to a demand notice dated March 17, 2015 issued under section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter referred to as the Act) by the Authorized Officer, Punjab National Bank (hereafter the second respondent), and the rejection of the petitioners objection dated May 16, 2015 to such demand notice by the second respondent by his letter dated May...
Tag this Judgment!Techpro Developers Pvt. Ltd. Vs. Rose Valley Patrika Ltd.
Court: Kolkata
Decided on: Nov-10-2016
ORDER SHEET CS1182015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TECHPRO DEVELOPERS PVT.LTD.Versus ROSE VALLEY PATRIKA LTD.BEFORE: The Hon'ble JUSTICE RANJIT KUMAR BAG Date : 10th November, 2016. Mr.J.Chowdhury, Adv.appears with Mr.S.Mukherjee, Adv., Mr.S.Ghosh, Adv., Mr.Aritra Basu and Ms.R.Singh, Adv.for the plaintiff. The measuring Court about : The 7693 plaintiff sq.ft. is of the super owner built of a area space with chargeable area of 8575 sq.ft. on the 5th floor of Circular Court at premises no.8, A.J.C.Bose Road, Kolkata-700017, along with two open car parking spaces bearing nos.23 and 27 on the ground floor of the referred to as suit premises).said premises (hereinafter On October 15, 2011, the defendant was inducted as a monthly tenant in the suit premises at Rs.10,75,168/- inclusive of service tax. a rental of The defendant paid the monthly rent till the month of March 2014 and thereafter the defendant failed to make payment of the rent....
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