Kolkata Court May 2017 Judgments
Tata Steel Processing and Distribution Ltd. Vs. Ideb Projects Pvt. Ltd ...
Court: Kolkata
Decided on: May-19-2017
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction (Original Side) G.A. No.2317 of 2015 C.S. No.29 of 2013 Tata Steel Processing & Distribution Ltd. Vs. IDEB Projects Pvt. Ltd. For the Plaintiffs/ Respondents:- Mr. M.K. Ghosh...Sr. Advocate Mr. S.K. Dutta Mr. Retabrata Mitra Mr. Atish Ghosh ....Advocates For the Respondents:- Mr. R.S. Mantha...Sr. Advocate Mr. M. Rajeswara Rao Mr. Ranjan Bachwat...Sr. Advocate Mr. Debnath Ghosh Mr. R. Ginodia Ms. Pubali Sinha Chowdhury ...Advocates Judgement on:- 19th May, 2017 I.P. Mukerji,J.This is an application under Order IX Rule 13 of the Code of Civil Procedure. It is for setting aside the exparte decree dated 3rd December, 2014 passed by this court in the above suit. By this decree the defendant was directed to pay Rs. 14,61,60,384 with interest @ 12% simple interest per annum from January, 2010 till payment, to the plaintiff. The writ of summons was duly served on the defendant. This is certified by the Deputy Sheriff in a cert...
Tag this Judgment!Jsb Cement Llp Vs. Assam Roofing Limited and Others
Court: Kolkata
Decided on: May-18-2017
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE The Honble JUSTICE SANJIB BANERJEE And The Honble JUSTICE SIDDHARTHA CHATTOPADHYAY APO No.211 of 2017 GA No.4003 of 2015 GA No.3979 of 2015 With OCO No.4 of 2017 In CS No.106 of 2015 JSB CEMENT LLP -VERSUSASSAM ROOFING LIMITED AND OTHERS For the Appellant: Mr Anindya Kumar Mitra, Sr Adv., Mr Abhrajit Mitra, Sr Adv., Mr S. Mukherjee, Adv., Mr Pranit Bag, Adv., Mr B. Kumar, Adv., Ms Iram Hassan, Adv. For the Respondents: Mr Jayanta Mitra, Sr Adv., Mr Ranjan Bachawat, Sr Adv., Mr Debnath Ghosh, Adv., Mr Soumya Ray Chowdhury, Adv., Mr Gautam Banerjee, Adv. Hearing concluded on: May 12, 2017. Date: May 18, 2017. SANJIB BANERJEE, J.: The rhinoceros is in the court: not to protest its shrinking natural habitat as it has no voice to do so; but only by its shorter, more-endearing name. And even as the parties jostle in the reflected glory of the majestic rhino, the name itself threatens to be a bull in the China shop of t...
Tag this Judgment!Auroshikha Vinimay Private Limited Vs. Allahabad Bank and Ors.
Court: Kolkata
Decided on: May-18-2017
ORDER SHEET WP281of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE AUROSHIKHA VINIMAY PRIVATE LIMITED Versus ALLAHABAD BANK & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 18th May, 2017. Appearance: Mr.Jishnu Saha, Sr.Adv.Mr.K.R.Thaker, Adv.Mr.Saket Chowdhury, Adv.Mr.Avinash Kankani, Adv.Mr.Om Narayan Rai, Adv.Mr.Krishnendu Sooptu, Mr.Prantik Garai, Mr.K.Chatterjee, Mrs.M.Sarkar, Adv.Adv.Adv.Adv.The Court : The petitioner assails an order dated November 29, 2016 passed by the Debts Recovery Tribunal-I in I.A.No.716 of 2016 arising out of S.A.No.67 of 2013. Learned Senior Advocate for the petitioner submits that, the petitioner is a guarantor of a credit facility enjoyed by the borrower from the respondent no.1. Property owned by the petitioner was put up for sale by public auction under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by the Authorised Officer of the re...
Tag this Judgment!The Pei May Chinese High School and Anr. Vs. The State of West Bengal
Court: Kolkata
Decided on: May-18-2017
In The High Court At Calcutta Constitutional Writ Jurisdiction Original Side WP391of 2016 The Pei May Chinese High School & Anr. -Vs.The State of West Bengal With WP518of 2016 Liang Miao Sheng & ORS.-Vs.The State of West Bengal Before For the petitioners : The Honble Justice Arijit Banerjee : Mr.Kalyan Bandopadhyay, Sr.Adv.Mr.D.Saha Roy, Adv.Mr.A Panda, Adv.For the petitioners (in WP518of 2016) : Mr.S.Bandopadhyay, Adv.Mr.S.Pal, Adv.Mr.A.K. Nag, Adv.For the respondent No.4 : Mr.Jayanta Banerjee, Adv.Mr.Sunil Kumar Chakraborty, Adv.Ms.Rama Chakraborty, Adv.Ms.Sreetama Neogi, Adv.For the State : Mr.Amitesh Banerjee, Adv.Mr.Bishajib Ghosh, Adv.Heard On : 26.09.2016, 28.09.2016, 03.10.2016, 07.11.2016 10.11.2016, 17.11.2016, 24.11.2016 CAV On : 23.12.2016 Judgment On : 18.05.2017 Arijit Banerjee, J.:(1) The subject matter of challenge in both these writ petitions is an order passed by the Registrar of FirMs.Societies and Non-Trading Corporations, West Bengal, being the respondent No.2 (in ...
Tag this Judgment!Smt Saili Ghose and Ors. Vs. Debapriyo Sen and Ors.
Court: Kolkata
Decided on: May-17-2017
OD-11 ORDER SHEET GA1284of 2017 WITH CS1147of 1947 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT SAILI GHOSE & ORS.Versus DEBAPRIYO SEN & ORS.BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 17th May, 2017. Appearance : Mr.P.C.Sen, Sr.Adv.Mr.H.P.Basu, Adv.Mr.Subir Sabud, Adv.The Court :- This application is filed on behalf of Arati Dutta, defendant No.5 representing the shebaits of the deity Sr.Sr.Iswar Gokul Chandra Jew. The said application has been taken out to espouse the cause of the shebaits of the said deity. Mr.Sen, learned Senior Counsel appearing in support of the application has filed affidavit of service and the same is taken on record. Affidavit of service filed before this Court shows that the opposite parties in the application has received copies of the application. However, despite service no one appears on their behalf today. The applicant submits that she is one of the shebaits out of the descendents of Pramiila Sundari Dutt...
Tag this Judgment!Bengal Bonded Warehouse Limited and Anr. Vs. State Bank of India and O ...
Court: Kolkata
Decided on: May-17-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PRESENT: The Honble Mr.Justice Subrata Talukdar W.P.75 of 2017 Bengal Bonded Warehouse Limited & Anr. -vs.State Bank of India & ORS.For the Petitioners : Mr.Abhrajit Mitra Mr.Sarvapriya Mukherjee Mr.G.Khaitan MRS.Arunima Sengupta For the Respondents : Mr.Suddhasatva Banerjee Mr.P.K.Mukherjee Ms.S.R.Mishra Heard on : 01/03/2017, 08/03/2017, 15/03/2017 & 29/03/2017 Judgement on : 17/05/2017 Subrata Talukdar, J.: In this writ petition the petitioner No.1 is a registered company and, is also represented by impleading its Director as co-petitioner, both challenging the action of the respondents/State Bank of India connected to the premises at 25, N.S.Road, Kolkata 700001 (for short the premises).Mr.Abhrajit Mitra, Ld. Senior Counsel appearing for the petitioners submits that by three separate registered deeds of lease entered into by and between the petitioner No.1 as the lessor and the private respondent No.4, bei...
Tag this Judgment!Smt. Saili Ghose and Ors. Vs. Debapriyo Sen and Ors.
Court: Kolkata
Decided on: May-17-2017
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA1253of 2017 WITH CS1147OF1947SMT. SAILI GHOSE & ORS.Versus DEBAPRIYO SEN & ORS.BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 17th May, 2017. Mr.P.C.Sen, Sr.Advocate Mr.H.P.Basu, Advocate Mr.Subir Sabud, Advocate for plaintiffs The Court :- This application is at the instance of the applicants representing the shebaits of the deity Sr.Sr.Iswar Gokul Chandra Jew. This application has been taken out to espouse the cause of the defendant of the shebaits of the said deity. Mr.Sen, learned Senior Counsel appearing in support of the application has submitted that service has been effected. Affidavit of service has been filed today be taken on record. The affidavit of service filed before this Court shows that the opposite parties in the application has received copies of the application. However, despite service no one appears on their behalf in Court. The applicants have made a prayer that leave be gran...
Tag this Judgment!Sreematy Saili Ghosh and Ors. Vs. Karabi Basu and Ors.
Court: Kolkata
Decided on: May-17-2017
GA1548of 2017 WITH CS1432of 1946 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SREEMATY SAILI GHOSH & ORS.Versus KARABI BASU & ORS.BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 17th May, 2017. Mr.P.C.Sen,Sr.Advocate appeaRs.Mr.H.P.Basu,Advocate appeaRs.Mr.Subir Sabud,Advocate appeaRs.The Court :- This application is at the instance of Prabir Kumar Dey, defendant No.5 representing the deity, Sree Sree Iswar Narayan Chandra Jew and Lakhi Thakurani (Kunke).This application has been taken out to espouse the cause of shebaits of the said deity. The applicants have made a prayer that leave be granted to the applicants to enter into an agreement with the developers/purchasers for development of the property as mentioned in the plaint and to cause sell thereof and to invest the sale proceeds in a nationalised bank and also for other ancillary reliefs. The applicant is the defendant No.5 representing the group of original defendants, Pratul Chandra Dey ...
Tag this Judgment!Suresh Agarwal Vs. The Registrar of Companies
Court: Kolkata
Decided on: May-17-2017
IN THE HIGH COURT AT CALCUTTA Original Jurisdiction Original Side C.A.No.780 OF2016C.A.243 OF2014C.P.537 OF2013In the matter of: Credence Trexim Private Limited AND In the matter of: Suresh Agarwal VERSUS The Registrar of Companies BEFORE THE HONBLE JUSTICE HARISH TANDON Mr.Jishnu Choudhury, Ms.Susmita Ghosh .For the Petitioner; Mr.Chayan Gupta For the Respondent. Judgment On: 17.05.2017 HARISH TANDON, J : In C.A.780 of 2016: This is an application for recording the death of one Basant Kumar Chirimar being the Petitioner No.2, who died on 8th January, 2016 during the pendency of the instant application. After perusing the averments made in the said application, this Court does not find any ground to disallow the prayer made therein. The application is thus allowed. There shall be an order in terms of prayer A to E of the Judges Summons. In C.A.243 of 2014: A fundamental issue, striking at the root of the jurisdiction of this Court to entertain an application for recalling the order pa...
Tag this Judgment!Appellant Vs. Respondent
Court: Kolkata
Decided on: May-17-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE PRESENT : Honble Justice Dipankar Datta and Honble Justice Arijit Banerjee R.V.W.O. No.44 of 2016 G.A. No.2924 of 2016 arising out of GA1950of 2016 in APO212of 2016 arising out of GA No.932 of 2016 in CS No.136 of 2006 A.K.R. Consultants (P) Ltd & ors. v. Asha Keshri & anr. and Aiya Khan @ Sohail Khan @ Amanullah Khan @ Arshadullah Khan & ors. For the petitioners : Mr. Sibaji Sen, Advocate, Mr. Dipankar More, Advocate, Mr. Raj Kumar Gupta, Advocate. For the respondents : Mr. Pradyumna Sinha, Advocate. Mr. Tapas Saha, Advocate. Heard on: February 17, March 17, and April 7, 2017 Judgment on: May 17, 2017 DIPANKAR DATTA, J.:- 1. By presenting RVWO44of 2016 (being the memorandum of review), the plaintiffs in C.S. 136 of 2006 and the respondents 1 to 3 in APOT212of 2016 (hereafter the petitioners) seek review of judgment and order dated July 12, 2016 passed by a Division Bench of this Court, of which one of us (Ari...
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