Kolkata Court September 2016 Judgments
Basudeo Agarwala and Ors. Vs. Banwarilal Agarwala and Ors.
Court: Kolkata
Decided on: Sep-15-2016
O-10 GA No.55 of 2014 CS No.458 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BASUDEO AGARWALA & ORS.-VersusBANWARILAL AGARWALA & ORS.Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.Anirban Roy, Adv.Mr.Swarajit Dey, Adv.Mr.P.Basuchowdhury, Adv...for the plaintiff. Mr.Ranjan Bachawat, Sr.Adv.Mr.Amit Nag, Adv...for the defendant. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : September 15, 2016. The Court : The plaintiff Nos.1 and 2 were the principal persons in control of the third defendant company till or about the beginning of 2011. The other plaintiffs are relatives and business entities of the fiRs.and second plaintiffs. While the fiRs.and second plaintiffs were in control of the third defendant they ran up a huge debt, particularly secured creditor Indian Overseas Bank, Dhanbad Branch. to The fiRs.and second plaintiffs appear to have been attempting to remove themselves from the third defendant company and wriggle out of the personal guarant...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: Sep-14-2016
IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE Present: The Honble Justice Nishita Mhatre & The Honble Justice Tapabrata Chakraborty A.P.O.55 of 2015 With C.S.199 of 2005 National Insurance Company Limited versus Turner Morrison Limited For the Appellant / Defendant : Mr.Abhrajit Mitra, Sr.Advocate, Mr.Abhijit Gangopadhyay, Advocate, Ms.Supriya Dubey, Advocate. For the Respondent / Plaintiff : Mr.Utpal Bose, Sr.Advocate, Mr.Ashis Kr. Mukherjee, Advocate, Mr.Sushil Kr. Sewak, Advocate. Hearing is concluded on : 29.08.2016. Judgment On : 14th September, 2016. Tapabrata Chakraborty J. : This appeal is directed against a judgment and order dated 12th December, 2014 passed by the learned Single Judge in GA405of 2013 and GA265of 2013 arising out of CS199of 2005. The undisputed facts are that the plaintiff / respondent filed Civil Suit No.199 of 2005 for recovery of possession of the suit premises from the defendant/appellant and for mesne profits. In the said suit a...
Tag this Judgment!Dr. Jayanta Kumar and Ors. Vs. Astha Nursing Home Private Limited and ...
Court: Kolkata
Decided on: Sep-14-2016
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN A.C.O. No.74 of 2016 A.P.O. No.190 of 2016 DR. JAYANTA KUMAR & ORS. VS. ASTHA NURSING HOME PRIVATE LIMITED & ORS. For the Petitioners : Mr. Mr. Mr. Mr. Mr. S.N. Mookherjee, Sr. Adv., Ratnanko Banerjee,Sr. Adv., Aniruddha Roy, Adv., Nirmalya Dasgupta, Adv., Dibanath Dey, Adv. For the Respondents : Mr. Jishnu Saha, Sr. Adv., Mr. Zeeshan Haque, Adv., Mr. Debobrat Upadhyay, Adv. Heard On :12. 07.2016, 03.07.2016, 10.08.2016, 17.08.2016, 24.08.2016, 31.08.2016 Judgment On :14. h September, 2016 Soumen Sen, J.:- This appeal is directed against an order passed by the Company Law Board, Kolkata Branch on 9th May, 2016 in a proceeding arising out of Sections 111A, 235, 284, 397, 398, 399, 402, 403 and 406 of the Companies Act, 1956. The control and management of one Astha Nursing Home being the respondent No.1 was the subject matter in the company proceeding initiated by the present ap...
Tag this Judgment!Food Corporation of India Vs. Gopal Chandra Mukherjee
Court: Kolkata
Decided on: Sep-14-2016
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN A.P. No.167 of 2005 FOOD CORPORATION OF INDIA VS. GOPAL CHANDRA MUKHERJEE For the Petitioners : Mr. S.P. Majumdar, Sr. Adv., Mr. Arunabha Sengupta Adv., For the Respondents : Mr. S.N. Mookherjee, Sr. Adv., Mr. Saunak Mitra, Adv., Ms. Shreeja Singh, Adv. Heard On :28. 07.2016, 04.08.2016, 11.08.2016, 18.08.2016, 01.09.2016, 08.09.2016. Judgment On :14. h September, 2016 Soumen Sen, J.:- This is an application for setting aside of an award dated 23rd February, 2005. The respondent was the claimant. The arbitration proceeding arose out of a reference made on the basis of an order dated 13th March, 2003 passed in AP No.177 of 2001 in an application filed by the respondent under Section 11(6) of the Arbitration and Conciliation Act, 1996. The arbitrator entered reference on 31st May, 2003. In the arbitration proceeding, the petitioner has made a claim for a sum of Rs.1,30,6...
Tag this Judgment!Stadmed Pvt. Ltd. Vs. Sun Pharmaceutical Industries Ltd.
Court: Kolkata
Decided on: Sep-09-2016
Item Nos.26 & 27 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE G.A.No.3602 of 2015 C.S.No.143 of 2003 STADMED PVT.LTD.Versus SUN PHARMACEUTICAL INDUSTRIES LTD.-AndG.A.No.3608 of 2015 C.S.No.338 of 1994 SUN PHARMACEUTICAL INDUSTRIES LTD.Versus STADMED PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 9th September, 2016. For Sun Pharma : Mr.Tilok Bose, Sr.Adv.with Mr.Debnath Ghosh, Mr.Paritosh Sinha, Mr.Prithwiraj Sinha, Ms.Mitul Dasgupta, Ms.Sreemoyee Chatterjee, Mr.K.K.Pandey, Mr.Debayan Ghosh & Ms.Aparna Banerjee, Adversus For Stadmed : Ms.Mousumi Bhattacharya with Mr.Rupak Ghose & Mr.Symantak Banerjee, Adversus These are two completely meaningless applications in suits long pending in this Court. C.S.No.338 of 1994 was filed by Sun Pharmaceutical Industries Ltd (Sun Pharma) for infringement of its Zolam and Alzolam word marks. No effective orders are enjoyed by Sun Pharma in such suit. C.S.No.143 of 2013 was filed by Stadmed PV...
Tag this Judgment!Srei Capital Markets Limited Vs. Grid Corporation of Orissa Limited
Court: Kolkata
Decided on: Sep-08-2016
C.S.No.76 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI Capital Markets Limited versus GRID Corporation of Orissa Limited For the Plaintiff : Mr.Mr.Mr.Mr.Surajit Nath Mitra, Sr.Advocate Anuj Singh, Advocate Shounak Mitra, Advocate Soumabho Ghosh, Advocate For the Defendant : Mr.Amitava Das, Advocate Mr.Debdut Mukherjee, Advocate Mr.Tapan Sil, Advocate Hearing concluded on : August 26, 2016 Judgment on : September 8, 2016 DEBANGSU BASAK, J. The plaintiff has sought a money decree on account of fees allegedly remaining unpaid for services rendered. According to the plaintiff, it was engaged for the purpose of syndication of loan to be availed of by the defendant. The plaintiff had participated in the tender process and was the second lowest bidder. Since the fiRs.lowest bidder did not suit the plaintiff, the contract was awarded to the plaintiff. The plaintiff had acted in terms of the contract. The plaintiff had mobilized a sum of Rs.600 crores. The pla...
Tag this Judgment!Mukesh Hiroo Vs. Ranita Mitra
Court: Kolkata
Decided on: Sep-08-2016
OD-151 GA No.557 of 2013 CS No.389 of 2012 GA No.1324 of 2013 GA No.1556 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE MUKESH HIROO Versus RANITA MITRA BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE Date : 8th September, 2016. Appearance: Mr.Dhruba Ghosh, Sr.Adv.Mr.Sarathi Dasgupta, Adv.Mr.D.N.Chunder, Adv.Ms.Lopita Banerjee, Adv.The Court : The parties agree to the form of the order which is proposed to be made. The suit pertains to a flat at Middleton Street. GA No.557 of 2013 is the plaintiffs principal interlocutory application in the suit. GA No.1324 of 2013 is the defendants application for modification of one of the initial ordeRs.GA No.1556 of 2013 is the plaintiffs application for modification of another order. GA No.1556 of 2013 was disposed of by an order dated May 15, 2013. However, the order dated May 15, 2013 was set aside by an appellate order of August 14, 2013 and the petition was restored to the file of the interlocutory court. ...
Tag this Judgment!Srei Capital Markets Limited Vs. Grid Co. Ltd.
Court: Kolkata
Decided on: Sep-08-2016
C.S.No.76 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SREI Capital Markets Limited versus GRID Co.LTD.For the Plaintiff : Mr.Mr.Mr.Mr.Surajit Nath Mitra, Sr.Advocate Anuj Singh, Advocate Shounak Mitra, Advocate Soumabho Ghosh, Advocate For the Defendant : Mr.Mr.Mr.Mr.Amitava Das, Advocate Debdut Mukherjee, Advocate N. Srinivas, Advocate M.K.Singh, Advocate Hearing concluded on : August 26, 2016 Judgment on : September 8, 2016 DEBANGSU BASAK, J. The plaintiff has sought a money decree on account of fees allegedly remaining unpaid for services rendered. According to the plaintiff, it was engaged for the purpose of syndication of loan to be availed of by the defendant. The plaintiff had participated in the tender process and was the second lowest bidder. Since the fiRs.lowest bidder did not suit the plaintiff, the contract was awarded to the plaintiff. The plaintiff had acted in terms of the contract. The plaintiff had mobilized a sum of Rs.600 crores. The p...
Tag this Judgment!Karunamoy Gope Vs. Coal India Ltd. and Ors.
Court: Kolkata
Decided on: Sep-07-2016
WP No.1151 of 2015 In the High Court at Calcutta Constitutional Writ Jurisdiction (Original Side) Karunamoy Gope Versus Coal India LTD.& ORS.Present: The Hon'ble Justice Tapash Mookherjee Dated: 7th September, 2016 Mr.Partha Ghosh, Adv.with Mr.Shamik Chatterjee, Adv.for the petitioner Mr.R.N.Mazumdar, Sr.Adv.with Mr.Amit Halder, Adv.for the Respondents. The Court: Affidavit-in-Opposition filed on behalf of Respondent Nos.2 to 9 is taken on record. Heard the learned Advocates of both sides. Perused all the materials on record. A piece of land area being 1.74 acres in Plot No.738 in Khatian No.582 of Mouza- BanSr.is involved in the present writ petition. The petitioner claims to have purchased the said land by a registered deed of sale dated 15th May, 2013 from one Smt. Ranjana Ganguly, who inherited the property from her father, as claimed by the petitioner. It is claimed by the petitioner that he wanted to sell the aforesaid property to Respondent No.2, namely, Eastern Coalfields LTD.f...
Tag this Judgment!Tata Sponge Iron Ltd and Anr. Vs. Coal India Ltd. and Ors.
Court: Kolkata
Decided on: Sep-06-2016
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side W.P.No.545 of 2002 Tata Sponge Iron Ltd & Anr. versus Coal India LTD.& ORS.W.P.No.1525 of 2003 Tata Sponge Iron Ltd & Anr. versus Coal India LTD.& ORS.For the petitioners:- For the Respondent No.2: - Judgement On: - Mr.Debashish Kundu, Sr.Adv.Mr.Joydev Gharai, Adv.Ms.Pratiti Das, Adv.Mr.Raja Basu Chowdhury, Adv.Mr.S.M.Obaidullah, Adv.Mr.Nikhil Roy, Adv.Mr.Partha Basu, Adv.6th September, 2016 I.P.MUKERJI, J Tata Sponge Iron Ltd., (the writ petitioner) is engaged in the business of manufacture sponge iron. It has a manufacturing unit at Joda. For this manufacturing process they need a steady supply of coal. At the material point of time, in or around 1997 they used to obtain a particular quantity of coal from Eastern Coalfields LTD.(ECL).a subsidiary of Coal India Limited, the respondent No.1. This was referred to as their linkage. This word linkage refers to the source from where the coal is obtained. It is ide...
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