Kolkata Court May 2017 Judgments
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Ifb Agro Industries Ltd. and Ans. Vs. Chief Commercial Manager (Fm) Ea ...
Court: Kolkata
Decided on: May-16-2017
IN THE HIGH COURT AT CALCUTTA APPEAL FROM CONSTITUTIONAL WRIT JURISDICTION (ORIGINAL SIDE) APO3812014 W.P. 479/2009 IFB Agro Industries Ltd. & Ans. Vs. Chief Commercial Manager (FM) Eastern Railway Present: The Honble Justice Rakesh Tiwari And The Honble Justice Shivakant Prasad For the Appellants : Mr. Shyamal Sarkar, Sr. Adv. Mr. Bidyut Dutta, Adv. Mr. Rajesh Gupta, Adv. Mr. Bijon Dutta, Adv. For the respondents: Mr. Malay Kumar Das, Adv. Mr. Sanajit Kumar Ghosh, Adv. Heard on : Judgment on : Rakesh Tiwari, J.:- April 11 & 17, 2017 May 16, 2017.1. Petitioner No.1 is a Company incorporated under the Companies Act, 1956 having its office at Plot No.IND-5 Sector-I, East Calcutta Township, Kolkata- 700 107. Petitioner No.2 is Sr. Manager of petitioner No.1 above named and also is the principal officer thereof.2. Facts culled out from records are that petitions are manufacturers of Rectified Spirit in their distillery at Noorpur, village-Durgapur in the district of South 24 Parganas, havi...
Irinjalakuda Town Cooperative Bank Ltd Vs. Itc Ltd and Ors.
Court: Kolkata
Decided on: May-16-2017
OD18APO230of 2017 GA1368of 2017 GA3382of 2016 In CS252of 2016 IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD VERSUS ITC LTD & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : 16th May, 2017. Mr.Rajeev Kr. Jain,Advocate appeaRs.Mr.U.S.Menon,Advocate appeaRs.Mr.Pratap Chatterjee,Sr.Advocate Mr.S.N.Mookherjee,Sr.Advocate Mr.Ranjan Bachawat,Sr.Advocate Mr.Sayan Roy Chowdhury,Advocate Mr.Manosij Mukherjee,Advocate Mr.Joydeep Roy,Advocate Mr.Ayan De,Advocate Mr.Debnath Ghosh,Advocate appeaRs.appeaRs.appeaRs.appeaRs.appeaRs.appeaRs.appeaRs.appeaRs.The Court : - This is a thoroughly unmeritorious appeal and a complete waste of time by a party who appears to have adopted the name or mark of the fiRs.respondent in connection with its business to ride on the reputation or goodwill thereof. Though the consideration in this appeal is restricted to whether this Court had the jurisdiction to receive...
M/S. Paharpur Cooling Towers Ltd. Vs. M/S. Pathbreaking Projects Ltd.
Court: Kolkata
Decided on: May-16-2017
OD-3 to 13 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE APO No.148 of 2016 CP No.554 of 2014 IN THE MATTER OF: M/S.PAHARPUR COOLING TOWERS LTD.VS M/S.PATHBREAKING PROJECTS LTD.AND APO No.111 of 2017 ACO No.98 of 2016 ACO No.95 of 2016 ACO No.96 of 2016 ACO No.97 of 2016 ACO No.80 of 2016 ACO No.23 of 2017 ACO No.103 of 2016 ACO No.99 of 2016 ACO No.100 of 2016 ACO No.109 of 2016 ACO No.110 of 2016 ACO No.54 of 2017 ACO No.38 of 2017 CP No.1130 of 2014 M/S.PATHBREAKING PROJECTS LTD.(IN LIQN.) AND Sr.MANOJ JAYASWAL versus THE O/L & ANR. AND APO No.171 of 2017 ACO No.18 of 2017 ACO No.42 of 2017 CP No.1131 of 2014 IN THE MATTER OF: M/S.PATHBREAKING PROJECTS LTD.(IN LIQN.) AND Sr.MANOJ JAYASWAL versus THE O/L & ANR. AND APO No.180 of 2017 CP No.92 of 2016 IN THE MATTER OF: M/S.PATHBREAKING PROJECTS LTD.(IN LIQN.) AND Sr.MANOJ JAYASWAL versus THE O/L & ANR. AND APO No.193 of 2017 ACO No.90 of 2016 ACO No.45 of 2017 CP No.572 of 2014 IN THE MATTER OF: M/S.PATHBREA...
Angelo Brothers Ltd. (in Liqn) Vs. Bennett, Coleman and Co. Ltd.
Court: Kolkata
Decided on: May-16-2017
Form No.J(2) IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE ANIRUDDHA BOSE C.P.No.575 of 1982 With C.A.No.187 of 2016 With C.A. No.715 of 2015 With C.A. No.97of 2016 With C.A. No.131 of 2016 With C.A. No.529 of 2016 Angelo Brothers Ltd. (In Liqn) Vs. Bennett, Coleman & Co. Ltd. With Angelo Brothers Ltd. (In Liqn) Vs. Hungerford Investment Trust Ltd. Advocates for the Applicants In C.P. 187 of 2016 Bennett Coleman & Company Limited: Advocates for the Applicants In C.P. 715 of 2015, C.P. 97 of 2016 C.P. 131 of 2016 and C.A. 529 Of 2016: Judgement On: Mr. Jaydip Kar (Senior Advocate) Mr. Nirmalya Dasgupta, Mr. S. Nigam Mr. Deepak Khosla Mr. Surya Maity 16th May, 2017. Aniruddha Bose. J.:1. By this judgement five applications arising in connection with C.P.No.575 of 1982 are being dealt with, being C.A. No.715 of 2015, C.A. No.97 of 2016, C.A. 131 of 2016, C.A. 187 of 2016 and C.A. No.529 of 2016. C.P. 575 of 1982 was a winding u...
Quippo Construction Equipment Ltd. Vs. Hindustan Steel Works Construct ...
Court: Kolkata
Decided on: May-15-2017
ORDER SHEET GA520of 2017 With CS40of 2010 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE QUIPPO CONSTRUCTION EQUIPMENT LTD.Versus HINDUSTAN STEEL WORKS CONSTRUCTION LTD.BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 15th May, 2017. Appearance Mr.Suman Dutta, Adv.Mr.Priyankar Saha, Adv.Ms.Ankita Upadhyay, Adv.For the plaintiff Mr.Rishad Medora, Adv.Mr.Arijit Law, Adv.For the petitioner/defendant The Court : This GA520of 2017 in connection with C.S.40 of 2010 filed on behalf of the defendant is for addition of parties, namely, SriCo.having its office at SriCo.House 25, Pragati Layout, Rajiv Nagar, Wardha Road, Nagpur, 440025 and HSCL-SIPL (JV) (hereinafter referred to as the said JV) having its principal place of business at 5/1 Commisariat Road, Hastings, Kolkata-700022. The case of the defendant in the present application, in short, is that a) At all material times the petitioner was and still is engaged in the business of diveRs.construction ac...
Madan Mohan Sarkar Vs. New Central Jute Mills Shramik Sangh and Anr.
Court: Kolkata
Decided on: May-15-2017
OD19APO272of 2017 ACO59of 2017 In CP405of 2016 IN THE HIGH COURT AT CALCUTTA CIVIL APPEALLATE JURISDICTION MADAN MOHAN SARKAR Versus NEW CENTRAL JUTE MILLS SHRAMIK SANGH & ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : 15th May, 2017. Mr.S.Dutta,Advocate appeaRs.Mr.P.C.Sen,Sr.Advocate Mr.R.R.Sen,Advocate Mr.A.P.Gomes,Advocate Ms.A.Jain,Advocate appeaRs.appeaRs.appeaRs.appeaRs.Mr.Pratap Chatterjee,Sr.Advocate appeaRs.Mr.Reetabrato Mitra,Advocate appeaRs.Mr.Arnab Dutt,Advocate appeaRs.Mr.Dipanjan Dey,Advocate appeaRs.The Court : - The appeal is directed against an order of April 12, 2017 and is filed by an unsecured creditor of company New Central Jute Mills Company Limited. By the order impugned, the stay of the winding-up of the company has been extended till June 9, 2017 upon some part payments being made to the petitioning creditor and a supporting creditor. Serious questions have been raised by the appellant as to the propriety o...
Rajat Agarwal and Ors. Vs. Spartan Online Pvt. Ltd. and Ors.
Court: Kolkata
Decided on: May-12-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A.No.687 OF2017G.A.No.1172 OF2017C.S.No.35 OF2017RAJAT AGARWAL & ORS.versus SPARTAN ONLINE PVT.LTD.& ORS.For the Petitioners : Mr.Pratap Chatterjee, Sr.Adv., Mr.S.N.Mookherjee, Sr.Adv., Mr.Ranjan Bachawat, Sr.Adv., Mr.Ratnanko Banerjee, Sr.Adv., Mr.P.Sinha, Adv., Mr.Debnath Ghosh, Adv., Mr.S.Sengupta, Adv., MRS.Arunima Lala Sengupta, Adv., Mr.Ayan Dey, Adv.For the Respondent Nos.1, 2 and 3 : Mr.S.K.Kapoor, Sr.Adv., Mr.M.K. Singh, Adv., Mr.Suman Kr. Mukherjee, Adv.For the Respondent No.7 : Mr.Mr.Mr.Mr.Tilak Bose, Sr.Adv., Anindya Basu, Adv., Sayantan Bose, Adv., Supriya Ranjan Saha, Adv.Heard On : 27.02.2017, 07.03.2017, 20.03.2017, 07.04.2017. Judgment On : 12th May, 2017 Soumen Sen, J.:- The game of dice which led to an epic battle of Kurukshetra has not deterred generations after generations irrespective of ancient or modern to pursue gambling whether we may enscon...
Suresh Chand Jain Vs. Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: May-12-2017
ORDER SHEET W.P.No.279 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SURESH CHAND JAIN Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 12th May, 2017. For Petitioner : Mr.Mainak Bose with Mr.Sanjoy Bose & Mr.Aniruddha Sinha, Adversus For KMC : Mr.Alok Kr. Ghosh with MRS.Sima Chakraborty, Adversus Without entering into the submissions so advanced on behalf of the respective parties on the proposition of law and its nuances, this Court feels that the matter can be simply disposed of by passing a direction upon the competent authority to consider the matter. Admittedly, the Building Rules, 2009 provides that unless a report is obtained from the Chief Valuer and Surveyors Department on a regular line of the street, the building plan cannot be processed for sanction. The petitioner applied for such report wherefrom it appears that there is a proposal for alignment of the street pending since 1919. The petitio...
Khalid Hasin Khan and Anr. Vs. The Kolkata Municipal Corporation and O ...
Court: Kolkata
Decided on: May-11-2017
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE W.P.1074 OF2015Khalid Hasin Khan & Anr. -VsThe Kolkata Municipal Corporation & ORS.Before: Honble Mr.Justice Harish Tandon. Mr.Siddhartha Mitra, Sr.Adv., Mr.H.Hossain, Ms.Titas Mukherjee, Ms.Suruchi Khunteta for the PetitioneRs.Judgment On: 11.05.2017 Mr.Achintya Kumar Banerjee, Ms.Tanushree Dasgupta, for the KMC The Court: The petitioner has challenged the Assessment Order passed by the Hearing Officer determining the annual valuation owned and occupied by the petitioners on the ground floor and premises No.18, Collin Lane, Kolkata 700 016, primarily on the ground of violation of principle of natural justice and a serious prejudice being caused to them. The writ petition proceeds that the petitioners along with their mother became the owners of the ground floor measuring 2942 square feet of the said premises by virtue of a Deed of Conveyance executed in the year 2002. Subsequently, the mother executed a De...
Shirin Foods Limited and Anr. Vs. Kolkata Municipal Corporation and Or ...
Court: Kolkata
Decided on: May-11-2017
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE W.P.No.205 of 2017 Shirin Foods Limited & Anr. Versus Kolkata Municipal Corporation & ORS.BEFORE The Honble Justice HARISH TANDON Mr.Anjan Bhattacharya, Adv..for the petitioners Mr.Alok Ghosh, Adv.for the K.M.C.Judgment On : 11.05.2017 HARISH TANDON, J : The Kolkata Municipal Corporation floated E-Tender inviting an application for operation and maintenance of the newly established modern abattoir for slaughter of the animal. Clause 1.3 (e) of the notice inviting E-tender mentioned that the abattoir complex will run in two shifts and the fiRs.shift will be dedicated to the authorised licensee of the Corporation to slaughter 400 animals upon payment of a slaughter charges fixed by the Corporation and meant for local consumption whereas the second shift will be operated by the bidders for private business/value addition or export of meat products. The successful bidder shall be handed over the abattoir complex u...
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