Kolkata Court July 2016 Judgments
Pallorbund Tea Ltd. Vs. National Insurance Co. Ltd.
Court: Kolkata
Decided on: Jul-29-2016
C.S.No.156 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Pallorbund Tea LTD.versus National Insurance Co.LTD.For the Plaintiff : Mr.Dhruba Ghosh, Sr.Adv.Mr.D.Gupta, Advocate Ms.S.Biswas, Advocate Mr.S.Ghosh, Advocate Mr.R.Banerjee, Advocate For the Defendant : Mr.Utpal Bose, Sr.Advocate Mr.A.Gangopadhyay, Advocate Mr.K.K.Banerjee, Advocate Ms.S.Dubey, Advocate Ms.S.Ganguly, Advocate Hearing concluded on : July 25, 2016 Judgment on : July 29, 2016 DEBANGSU BASAK, J. The plaintiff has sought to recover the balance portion of the claim under an insurance policy along with interest thereon in this suit from the defendant. Learned Senior Advocate for the plaintiff has submitted that, the plaintiff had obtained an insurance policy from the defendant. The plaintiff had suffered the risk covered under such policy. The tea crops insured by the policy were damaged due to Cyclone. The plaintiff had lodged its claim with the defendant. The defendant had allowed a porti...
Tag this Judgment!Apollo Zipper India Ltd. Vs. W. Newman and Co. Ltd. and Ors.
Court: Kolkata
Decided on: Jul-29-2016
IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Contempt) Original Side Present : The Honble Justice Arijit Banerjee July 29, 2016 CC92of 2015 WP569of 2004 Apollo Zipper India LTD.Vs.W.Newman & Co.LTD.& ORS.Mr.Soumya Majumdar, Advocate with Ms.Ruby Jaiswal, Advocate for the petitioner Mr.Pratap Chatterjee, Senior Advocate with Mr.Tilak Bose, Senior Advocate Mr Raj Ratan Sen, Advocate Mr.A.P.Gomes, Advocate MRS.Ariti Jain, Advocate Ms.Debolina Dey, Advocate for the respondents/alleged contemnors The Court :- This contempt application has been filed alleging violation of an order dated lst April, 2004 as modified by an order dated 22nd June, 2004 The petitioner appears to be in occupation of part of a premises owned by what was once Great Eastern Hotel. Pursuant to determination of rent/occupational charges by the Collector, two notices were issued demanding rent which were challenged by the petitioner by filing WP569of 2004. On the said writ petition Justice S.K.Mukherjee passed an ...
Tag this Judgment!Isha Distribution House Pvt. Ltd. Vs. Aditya Birla Faashion and Retail ...
Court: Kolkata
Decided on: Jul-29-2016
ORDER SHEET A.C.O.No.87 of 2016 A.P.O.T.No.241 of 2016 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE ISHA DISTRIBUTION HOUSE PVT.LTD.Versus ADITYA BIRLA FAASHION & RETAIL LTD.BEFORE: The Hon'ble JUSTICE INDIRA BANERJEE -AndThe Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 29th July, 2016. For Appellant : Mr.Pratap Chatterjee, Sr.Adv.with Mr.Mainak Bose, Mr.Ankur Jain & Mr.Amitabh Roy, Adversus For Respondent : Mr.Ratnanko Banerjee, Sr.Adv.with Mr.Kumarjit Mookherjee, Mr.D.Basu Mullick, Mr.Soumya Roy & Mr.S.Saha, Adversus This appeal is against an order dated 7th June, 2016 passed by the learned Company Court whereby the winding up petition filed by the respondent petitioning creditor against the appellant company has been admitted for a principal sum of Rs.97.18 lakhs together with interest thereon at the rate of 6% per annum to be calculated from the date of the statutory notice till actual payment. The learned Company Court directed that if the appellant company...
Tag this Judgment!Director of Income Tax, (International Taxation Kolkata) Vs. M/S. Atn ...
Court: Kolkata
Decided on: Jul-29-2016
ORDER SHEET ITA NO.734 OF2008IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE DIRECTOR OF INCOME TAX, (INTERNATIONAL TAXATION KOLKATA) Versus M/S.ATN INTERNATIONAL LIMITED BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 29th July, 2016. For Appellant/Petitioner : Mr.M.P.Agarwal,Advocate Mrs.Anwara Quereshi,Advocate For Respondent : Mr.J.P.Khaitan,Sr.Advocate Mr.Pranit Bag,Advocate Mr.M.S.Tiwari,Advocate Mr.A.K.Sukla,Advocate The Court : We deem it proper to record that Mr.Khaitan, learned Senior Advocate for the assessee at the commencement of hearing raised a point that the tax effect in this case is below Rs.20 lakhs. Therefore, the revenue should not press the appeal, regard being had to the binding circular issued by the CBDT. Mr.Agarwal, learned advocate for the revenue submitted that the tax effect in this case is above Rs.20 lakhs. There is, as such, no reason why the appeal should not be pressed. In a case w...
Tag this Judgment!Isha Distribution House Private Limited Vs. Aditya Birla Nuvo Limited ...
Court: Kolkata
Decided on: Jul-28-2016
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE GA884OF2016GA1095OF2016IN CS88OF2016ISHA DISTRIBUTION HOUSE PRIVATE LIMITED -VersusADITYA BIRLA NUVO LIMITED AND ANOTHER For the Plaintiff: Mr Mr Mr Mr Mr Pratap Chatterjee, Sr Adv., Mainak Bose, Adv., Nemani Srinivas, Adv., Amitabh Ray, Adv., Ankur Jain, Adv. For the Defendant No.1: Mr Mr Mr Mr Mr Mr Mr S. N. Mukherjee, Sr Adv., Ratnanko Banerji, Sr Adv., D. Basu Mallick, Adv., Kumarjit Mukherjee, Adv., Sounava Basu, Adv., Soumya Ray, Adv., Anshul Sehgal, Adv. For the Defendant No.2: Mr Suvodeep Chakraborty, Adv., Mr Saunak Sengupta, Adv. Hearing concluded on: July 25, 2016. BEFORE SANJIB BANERJEE, Judge Date: July 28, 2016. SANJIB BANERJEE, J.: The earlier petition is by the plaintiff for an interlocutory injunction. The later petition is by the first defendant for revocation of the leave granted under Clause 12 of the Letters Patent at the time of the receipt of the suit on the ground of the two distri...
Tag this Judgment!Orissa Metaliks Pvt. Ltd. Vs. M/S. Core Minerals
Court: Kolkata
Decided on: Jul-28-2016
OD-16, 17 & 18 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side GA No.2142 of 2016 CS No.336 of 2015 GA No.1196 of 2016 GA No.1267 of 2016 ORISSA METALIKS PVT.LTD.versus M/S.CORE MINERALS & GA No.2143 of 2016 CS No.335 of 2015 GA No.1186 of 2016 GA No.1266 of 2016 RASHMI METALIKS LTD.versus M/S.CORE MINERALS & GA No.2160 of 2016 CS No.334 of 2015 GA No.1190 of 2016 GA No.1268 of 2016 RASHMI CEMENT LTD.versus M/S.CORE MINERALS BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : July 28, 2016. Appearance: Mr.Anindya Mitra, Sr.Adv.Mr.Sabyasachi Chowdhury, Adv.Mr.Shaunak Mitra, Adv.Mr.Gourav Khaitan, Adv.Miss Srinanda Bose, Adv.Plaintiff Mr.Rishad Medora, Adv.Ms.Sarada Hariharan, Adv.Defendant The Court : The three matters are more or less identical except the quantum of the claim. The facts pertaining to the fiRs.of the matters as appearing in the list are referred to as the parties accept that the facts are identical save the figures pertaining to the amoun...
Tag this Judgment!C.I.T., Centraliii, Kolkata Vs. Narayani and Sons (P) Ltd.
Court: Kolkata
Decided on: Jul-28-2016
ORDER SHEET ITA NO.76 OF2009IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION(INCOME-TAX) ORIGINAL SIDE C.I.T., CENTRAL-III, KOLKATA Versus NARAYANI & SONS (P) LTD.BEFORE: The Hon'ble JUSTICE GIRISH CHANDRA GUPTA The Hon'ble JUSTICE ARINDAM SINHA Date : 28th July, 2016. MD.NIZAMUDDIN,ADVOCATE FOR APPELLANT MR.J.P.KHAITAN,SR.ADVOCATE, MRS.SWAPNA DAS, MR.SIDDHARTH DAS, ADVOCATES FOR RESPONDENT The Court: The subject matter of challenge is a judgment and order dated 7th November, 2008 passed by the Income Tax Appellate Tribunal, A Bench, Kolkata in ITA No.1170 (Kol.) of 2008 pertaining to the assessment year 2004-05 by which the learned Tribunal dismissed an appeal preferred by the revenue. The aggrieved revenue has come up in appeal. The following question of law was formulated on 20th April, 2010. Whether on the facts and in the circumstances of the case the learned Tribunal has erred in law in dismissing the Appeal of the revenue by disregarding that the initiation of penalty proceedi...
Tag this Judgment!M/S. Metro Infrastructure Development Limited Vs. M/S. Bengal Tools Li ...
Court: Kolkata
Decided on: Jul-27-2016
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BEFORE: The Honble Justice SOUMEN SEN A.C.O.82 of 2015 A.P.O No.229 of 2015 M/S.METRO INFRASTRUCTURE DEVELOPMENT LIMITED versus M/S.BENGAL TOOLS LIMITED For the Appellant : Mr.Anurag Bagaria, Adv.For the Respondent : Mr.Ratnanko Banerji, Sr.Adv.Mr.Shaunak Mitra, Adv., Mr.Tarun Aich, Adv.Heard On : 04.07.2016, 11.07.2016, 13.07.2016, 20.07.2016 Judgment On : 27th July, 2016 Soumen Sen, J. :- The question of law raised in this appeal filed under Section 10F of the Companies Act, 1956 is trivial. This is the second round of litigation. In the fiRs.round, the appellant was unsuccessful in resisting the rectification of the Register of Members of M/S.Metro Infrastructure Development Limited. One M/S.GNB Credit Private Limited (hereinafter referred to as GNB) filed a petition under Section 111A of the Companies Act, 1956 against the appellant company seeking reliefs of rectification of Register of Members regarding shar...
Tag this Judgment!Pks Limited Vs. State Trading Corporation of India Ltd. and Anr.
Court: Kolkata
Decided on: Jul-26-2016
OD-86 GA No.82 of 2016 CS No.4 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction PKS LIMITED Versus STATE TRADING CORPORATION OF INDIA LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 26th July, 2016. Appearance: Mr.Sukrit Mukherjee, Advocate Mr.S.Abedin, Advocate Mr.Shourjya Mukherjee, ADvocate ...for the plaintiff. Mr.P.S. Bose, Senior Advocate Mr.K.K. Chattapodhyay, Advocate ...for defendant No.2. Mr.Arik Banerjee, Advocate Mr.Shaunak Ghosh, Advocate ...for defendant No.1. This is a scandalous suit, verified by a strange animal. the plaint whereof has been The present application is by the second defendant, Food Corporation of India, for revocation of the leave granted under Clause 12 of the Letters Patent or, in the alternative, for the dismissal of the suit as against the second defendant or the rejection of the plaint. The yarn that has been spun in the plaint is that the plaintiff obtained export orders from foreign parties, primarily for wh...
Tag this Judgment!Srei Equipment Finance Limited Vs. M/S. Tarini Housing Pvt. Ltd and An ...
Court: Kolkata
Decided on: Jul-26-2016
OD-31. AP No.365 OF2016IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION IN THE MATTER OF: SREI EQUIPMENT FINANCE LIMITED VERSUS M/S.TARINI HOUSING PVT.LTD & ANR. BEFORE: The Honble Justice Soumen Sen Dated, the 26th July, 2016. Appearance: Mr.Swatarup Banerjee, Adv.Ms.Dwidhiti Bhaduri, Adv.For the petitioner. Ms.Amrita Panda, Adv.Mr.Pramit Bag, Adv.Mr.Arnab Sardar, Adv.For the respondents. The Court:- The petitioner claims to have provided financial accommodation to the respondent no.1 for an amount not exceeding 15 crores to acquire vehicle equipment and other assets. The petitioner alleges that although the said agreement was executed by authorized signatory of the respondent no.1 and the respondent no.1 has availed the benefit of the said agreement but the respondent no.1 has failed to pay any of instalments in terms of the schedule to the agreement. The petitioner, however, has received some payment from the sister concern of the respondents, namely Kalinga Commer...
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