Kolkata Court November 2016 Judgments
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Armada (Singapore) Pte Limited Vs. Gujarat Nre Coke Limited
Court: Kolkata
Decided on: Nov-08-2016
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Extra Ordinary Jurisdiction ORIGINAL SIDE EC No.1127 of 2015 ARMADA (SINGAPORE) PTE LIMITED Versus GUJARAT NRE COKE LIMITED EC No.1129 of 2015 ARMADA (SINGAPORE) PTE LIMITED Versus GUJARAT NRE COKE LIMITED BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 8th November, 2016. Appearance: Mr.Ranjan Bachawat, Sr.Adv.Rudraman Bhattacharyya, Adv.Mr.S.K. Bajoria, Adv.Mr.K.Chatterjee, Adv.Mr.M.Sarkar, Adv.Mr.Jishnu Saha, Sr.Mr.M.S.Tiwari, Mr.S.Tiwari, Ms.Arpita Saha, The Court : Two execution applications are taken Adv.Adv.Adv.Adv.up together for hearing. Both the execution applications are at the behest of an award holder. Learned senior Advocate for the award holder submits that, the aggregate of the two awards passed in favour of the award holder is approximately Rs.55 crores. He submits that, pursuant to the directions given by the Court, the judgement-debtor has not disclosed the entirety of its assets through the affidavits allowed to be filed i...
Mridu Bagaria Vs. Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Nov-08-2016
WP No.790 of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE MRIDU BAGARIA Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 8th November, 2016. Appearance: Mr.Saptangshu Basu, Sr.Advocate Mr.Kaushik Dey, Advocate Mr.Sudhakar Prasad, Advocate Mr.P.Basu, Advocate for the petitioner Mr.Saumabho Ghosh, Advocate Mr.Sanjoy Bose, Advocate Mr.A.Sinha, Advocate for the private respondents Mr.Gurudas Mitra, Advocate Mr.D.Ghorai, Advocate for Kolkata Municipal Corporation The Court: We are here concerned with premises No.92A Jamunalal Bajaj Street, Kolkata 7. This has several storeys. In the photographs annexed to the petition and also handed up to this Court by Mr.Ghosh, the building is in a most dilapidated condition. Although the orders under Section 411(1) and 411(2) of the Kolkata Municipal Corporation Act 1980 issued by the Corporation requiring its repair and for removal of the occupants therein are not on record, th...
Shree Laxmi Iron and Steel Works Pvt Ltd Vs. the Research Designs and ...
Court: Kolkata
Decided on: Nov-07-2016
O-2 GA2977of 2012 CS360of 2012 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION SHREE LAXMI IRON & STEEL WORKS PVT LTD VERSUS THE RESEARCH DESIGNS & STANDARDS ORGANIZATION (RDSO) & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 7th November, 2016. Mr.Jishnu Saha,Sr.Advocate Mr.Debnath Ghosh,Advocate Ms.Srinanda Bose,Advocate Mkr. Avijit Dey,Advocate appeaRs.appeaRs.appeaRs.appeaRs.Mr.L.K.Chatterjee,Sr.Advocate appeaRs.Ms.Aparna Banerjee,Advocate appeaRs.Mr.Jishnu Chowdhury,Advocate Mr.Chayan Gupta,Advocate Mr.Aritra Basu,Advocate Mr.Dwip Raj Basu,Advocate appeaRs.appeaRs.appeaRs.appeaRs.Mr.Dilip Kumar Chatterjee,Advocate appeaRs.Mr.Dipanjan Dutta,Advocate appeaRs.The Court : - As innocent as the present action appears to be, it is plain to see that by merely instituting the suit and ensuring its continuation for a certain period of time, the plaintiff has obtained undeserving benefits and has virtually enjoyed a decree in respect of its supplies to the railway...
Mrs. Malabika Bhattacharyya Vs. Shri Amitava Mukherjee
Court: Kolkata
Decided on: Nov-07-2016
1 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE Present: The Honble Justice Shivakant Prasad CS No.212 of 2010 Mrs. Malabika Bhattacharyya Versus Shri Amitava Mukherjee For the plaintiff For the defendant : Mr. Sanatan Ghosh, Advocate : Mr. B.B. Saha, Advocate Mr. Sudip Deb, Advocate Mr. Bishajib Ghosh, Advocate Ms. Kasturi Tarafdar, Advocate Heard on :29. 08.2016, 05.9.2016, 07.9.2016, 08.9.2016, 09.9.2016, 15.9.2016 & 03.11.2016 C.A.V. on :03. 11.2016 Judgment on :07. 11.2016 SHIVAKANT PRASAD, J.Plaint case in brief is that mother of the plaintiff and defendant Mrs. Ranu Mukherjee, W/o. Late Sambhu Prasad Mukherjee started business at Calcutta with her own and husbands money in the name and style as Super Scientific Instruments later changed to Super Engineering Industries, a proprietary, having Head Office at 124 B, Lenin Sarani Calcutta-700 013 and its factory at 6D, Mathur Babu Lane, Kolkata-700 015 (also known as B/6D/H/2, Rani Rashmoni Garden L...
Pam Developments Pvt Ltd and Anr. Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Nov-03-2016
OD17GA1339of 2016 WITH CS102of 2016 IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION PAM DEVELOPMENTS PVT LTD & ANR. Versus STATE OF WEST BENGAL & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 3rd November, 2016. Mr.S.N.Mitra,Sr.Advocate appeaRs.Mr.P.Saha,Advocate appeaRs.Mr.A.Pramanick,Advocate appeaRs.Mr.Jayanta Kr. Mitra,Sr.Advocate appeaRs.Mr.Samrat Sen,Sr.Advocate appeaRs.Mr.Subhabrata Dutta,Advocate appeaRs.The Court : - The suit challenges the steps taken by the defendant State to consider whether the fiRs.plaintiff company should be blacklisted. There is no dispute that the fiRs.plaintiff could not perform a contract for restoration of a particular road. The fiRs.plaintiff offers several excuses, including the perceived laches on the part of the defendant State, in not being able to complete the work. The relevant contract was terminated on or about May 14, 2015 and a penalty has been imposed on the fiRs.plaintiff. The real purpose of the suit is to q...
The State of West Bengal and Ors. Vs. M/S. S.S. Mondal and Company
Court: Kolkata
Decided on: Nov-03-2016
ORDER SHEET AP No.804 of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE THE STATE OF WEST BENGAL & ORS. Versus M/S. S.S. MONDAL & COMPANY BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :3. d November, 2016. Appearance: Mr. Paritosh Sinha, Adv. Mr. Arindm Mandal, Adv. for the State/petitioner. Mr. Amitava Ghosh, Adv. for the respondent. The Court : This application for setting aside of the award has been filed under the old Arbitration Act of 1940. The said award is a non-speaking award. The arbitrator on consideration of the oral and documentary evidence has passed an award in favour of the respondent. The claim in the arbitration proceeding arose out of a work contract for construction of double lane R C C Bridge at Kankpool over Nonagang Khal (River) within Police Station - Habra of North 24 parganas under Calcutta Cannels, SubDivision in reference to Tender No.124/CC of 1988-89 issued by the Authority concerned. The work could not be completed wit...
Utpal Dasgupta Vs. Mrinal Kanti Sinha and Ors.
Court: Kolkata
Decided on: Nov-03-2016
ORDER SHEET AP No.364 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE UTPAL DASGUPTA Versus MRINAL KANTI SINHA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 3rd November, 2016. Appearance: Mr.Arif Ali, Adv.Mr.Tapas Majumder, Adv.Mr.Asoke Basu, Adv.The Court : This is an application for setting aside of an award passed under the 1996 Act. The arbitration has allowed a claim for specific performance of an agreement for sale. It was not in dispute that the petitioner and the respondent no.4 as the joint owners of the property have entered into a development agreement with the respondent nos.2 and 3. The said respondent nos.2 and 3 appear to have entered into an agreement for sale with the respondent no.1 on behalf of the owners and on the basis of the power of attorney with the respondent no.1 for a valid consideration. The respondent no.1 appears to have paid a sum little over Rs.20 lakhs as a consideration amount for purchasing the said fla...
State of West Bengal Vs. Pam Developments Pvt. Ltd.
Court: Kolkata
Decided on: Nov-03-2016
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN A.P.No.736 of 2011 STATE OF WEST BENGAL VS. PAM DEVELOPMENTS PVT. LTD. For the Petitioners : Mr. Jayanta Kr. Mitra, Ld. Adv. Gen., Mr. Samrat Sen, Sr. Adv., Mr. Paritosh Sinha, Adv., Ms. Manali Bose, Adv., Mr. Arindam Mondal, Adv. For the Respondents : Mr. Suman Dutta, Adv., Mr. Priyankar Saha, Adv., Mr. Amritam Mandal, Adv. Heard On :21. 09.2015, 05.02.2016, 26.02.2016, 01.09.2016, 15.09.2016, 22.09.2016, 28.09.2016. Judgment On :3. d November, 2016 Soumen Sen, J.:- This is an application for setting aside of an arbitral award dated 6th April, 2011 in connection with disputes arising out of the work of Widening and strengthening of Nilgang Santoshpur Duttapukur Golabari Aminpur Road from 0.00 KMP to 28.85 KMP under Barasat Highway Division No.II in the District of North 24 Parganas. NABARD RIDF VII Sl. No.9(c) for Duttapukur Golabari Road under Barasat Highway ...
Apeejay House Pvt. Ltd. Vs. Punjab National Bank
Court: Kolkata
Decided on: Nov-03-2016
O-116 GA No.335 of 2013 CS No.302 of 2005 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction APEEJAY HOUSE PVT.LTD.Versus PUNJAB NATIONAL BANK BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 3rd November, 2016. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.D.N. Chowdhury, Adv.Mr.Aritra Basu, Adv.Mr.Joydeep Kar, Sr.Adv.Mr.Siddhartha Banerjee, Adv.Mr.Victor Dutta, Adv.The Court : The defendant in the eviction suit complains of the exorbitant amount assessed by the special referee on account of mesne profits in respect of an area of about 13,000 sq.ft on the fourth floor at premises no.15, Park Street, Kolkata 700 016. The defendant has not carried an independent challenge to the report of the special referee but has questioned the quantum assessed in opposition to the application by the plaintiff for a decree in terms of the special referees report. The defendant bank says that it would be evident from the report that the highest rate paid by any tenant at the said propert...
Jalan Distributors Pvt. Ltd Vs. Calcutta Cine Pvt.Ltd.
Court: Kolkata
Decided on: Nov-03-2016
O-117 GA No.850 of 2013 CS No.35 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction JALAN DISTRIBUTORS PVT.LTD Versus CALCUTTA CINE PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 3rd November, 2016. Appearance: Mr.Rupak Ghosh, Adv.Mr.Sounak Sengupta, Adv.Mr.Anirban Roy, Adv.Ms.Micky Chowdhury, Adv.The Court : The suit as framed is one for specific performance of an agreement for a film to be shown only at the cinema halls or theatres owned by the plaintiff. The plaintiffs initial interlocutory application for injunction failed and the relevant order of February 17, 2007 refusing the ad interim injunction doubted whether specific performance of the kind sought by the plaintiff could be obtained or allowed by Court. Some two years after the institution of the suit, the plaintiff applied for amendment of the plaint. The relevant order of February 24, 2011 by which the amendment was allowed noticed that the amendment was to convert the suit for specific ...
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