Kolkata Court July 2017 Judgments
Pankaj Kumar Agarwal Vs. Omendra Kumar Chowdhury and Others
Court: Kolkata
Decided on: Jul-24-2017
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE The Honble JUSTICE SANJIB BANERJEE And The Honble JUSTICE SIDDHARTHA CHATTOPADHYAY APO No.106 of 2017 With ACO No.158 of 2016 And ACO No.3 of 2017 In CP No.452 of 2013 LAXMI NARAYAN UDYOG LIMITED (IN LIQN) AND PANKAJ KUMAR AGARWAL -VERSUSOMENDRA KUMAR CHOWDHURY AND OTHERS For the Appellant: Mr Ratnanko Banerji, Sr Adv., Mr Reetobroto Kumar Mitra, Adv., Mr Sarosij Dasgupta, Adv., Mr Jayanta Samanta, Adv., Ms Sutapa Mitra, Adv. For the Respondents: Mr Mainak Bose, Adv., Mr Anurag Bagaria, Adv., Mr Aniruddha Poddar, Adv. For the Official Liquidator: Ms Ruma Sikdar, Adv. Hearing concluded on: July 18, 2017. Date: July 24, 2017. SANJIB BANERJEE, J.: The issue involved herein is simple, but the matter assumes a complex character in view of a seemingly well-settled order of a Division Bench of this court being found to have been rendered per incuriam by a subsequent Division Bench and the opinion of such subsequent Divi...
Tag this Judgment!Tata Steel Processing and Distribution Ltd. Vs. Ideb Projects Pvt. Ltd ...
Court: Kolkata
Decided on: Jul-24-2017
OD-21 GA No.2034 of 2017 APO No.334 of 2017 in CS No.29 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TATA STEEL PROCESSING AND DISTRIBUTION LTD.Versus IDEB PROJECTS PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE And The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : July 24, 2017. Appearance: Mr.Malay Kr. Ghosh, Sr.Adv.Mr.Suman Dutta, Adv.Mr.Atish Ghosh, Adv.Mr.R.Mitra, Adv.Mr.Arindam Chandra, Adv.Mr.Rajsekhar Mantha, Sr.Adv.Ms.Soumashree Ghosh, Adv.Mr.Supratim Goon, Adv.The Court : The decree-holder questions the propriety of an order passed on a petition for setting aside an ex parte decree that found no grounds having been made out for the respondent herein not being represented before the suit Court; and yet unconditionally set aside the ex parte decree against payment of nominal costs. The facts are not in much dispute, though considerable time has been taken on behalf of the respondent to refer to matters that were wholly unnecessary in t...
Tag this Judgment!Smt. Sabita Roy and Ors. Vs. Shyamal Kumar Das and Ors.
Court: Kolkata
Decided on: Jul-20-2017
ORDER SHEET CS4of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. SABITA ROY & ORS. Versus SHYAMAL KUMAR DAS & ORS. BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date :20. h July, 2017. Appearance: Mr. Goutam Chakraborty, Adv. Mr. J.N. Manna, Adv. Mr. S. R. Bakshi, Adv. for the plaintiff The Court : This partition and administration suit is at the instance of Smt. Sabita Roy, Smt. Kabita Basak and Abhijit Khan, who claims to have 1/6th share each in the joint undivided property left by Smt. Mukta Bala Das. By an order dated 29th November, 2016 this Court recorded that plaintiff has complied with Courts earlier order dated 23rd September, 2016 whereby the parties were directed to effect disclosure, discovery and inspection of the documents. No one appeared on behalf of the defendants on 29th November, 2016. It was recorded that the defendants already admitted the immovable properties for its partition in their written statement. The matter was ...
Tag this Judgment!Smt. Gayatri Chowdhury Vs. Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Jul-20-2017
ORDER SHEET WP NO.409/2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. GAYATRI CHOWDHURY Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 20th July, 2017. Appearance : Mr.Debasish Roy, Mr.Dibyendu Chatterjee, Mrs.Jhuma Chakraborty, Mr.Siddhartha Roy, Advs., for the petitioner. Mr.Barin Banerjee, Mr.Jugal Chandra Porel, Advs., for the KMC. Mr.Raghunath Chakraborty, Adv., for the private respondent. The Court : All along, the petitioner desperately tried to get rid of the order of demolition passed by the authority in filing frequent proceedings and even as a gasping resort, the present writ petition has been filed raising questions which were available to him before the fiRs.authority. The fact remains that the on the basis of a complaint lodged with the Corporation by the private respondent, a proceeding under Corporation Section Act, 1980 400(1) was of the initiated. Kolkata Before Municipal calling the p...
Tag this Judgment!Bcl Secure Premises (P) Ltd. Vs. Metro Railway, Kolkata
Court: Kolkata
Decided on: Jul-19-2017
IN THE HIGH COURT AT CALCUTTA Original Civil Jurisdiction Original Side A.P.No.374 of 2017 BCL Secure Premises (P) LTD.versus Metro Railway, Kolkata For the petitioners:- Mr.Mr.Mr.Mr.Jishnu Saha..Sr.Adv.Srinanda Bose Pankaj Agarwal J.D.Roy Advocates For the Respondent:- MRS.Aparna Banerjee Advocate Judgement On: - 19th July, 2017 I.P.MUKERJI, J. In this case, we are concerned with the interpretation and application of Section 12(5) of the Arbitration and Conciliation Act, 1996 read with its Seventh Schedule. Section 12 (5) is set out below: 12(5) Notwithstanding any prior agreement to the contrary, any person whose relationship, with the parties or counsel or the subject matter of the dispute, falls under any of the categories specified in the Seventh Schedule shall be ineligible to be appointed as an arbitrator: Provided that parties may, subsequent to disputes having arisen between them, waive the applicability of this sub-section by an express agreement in writing. The Seventh Sched...
Tag this Judgment!Federal Bank Ltd. Vs. Saraf Impex Pvt. Ltd.
Court: Kolkata
Decided on: Jul-19-2017
OD-6 APO No.324 of 2017 ACO No.103 of 2014 in CP No.209 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE FEDERAL BANK LTD.Versus SARAF IMPEX PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE And The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : July 19, 2017. Appearance Mr.Rajsekhar Mantha, Sr.Adv.Ms.Soumashree Ghosh, Adv.Appellant Mr.Sudip Deb, Adv.Mr.Ashok Bhaumik, Adv.Respondent no.6 Mr.Prashant Kumar Tripathi, Adv..for the company The Court : The appeal arises out of an order of March 18, 2014 by which the company Court has refused to admit the appellants petition for winding up the company by finding that there was a modicum of defence indicated by the respondent company. By a letter dated January 22, 2013, the appellant claimed that a sum of Rs.2,45,12,292/- remained due and owing from the company as at January 21, 2013 together with interest at the rate of 22.50 per cent per annum with quarterly rests from January 22, 2013. The transactions pe...
Tag this Judgment!Sant Agarwal Vs. Rabi Sinha
Court: Kolkata
Decided on: Jul-19-2017
ORDER SHEET GA648of 2017 TS6of 2009 IN THE HIGH COURT AT CALCUTTA Testamentary & Intestate Jurisdiction ORIGINAL SIDE IN THE GOODS OF: AKHILES KUMAR SINHA, DECEASED -ANDSANT AGARWAL-VS-RABI SINHA BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 19th July, 2017. Appearance: Mr.Goutam Chakraborty, Adv.Mr.Kinjal Kumar Boral, Adv.for the appellant/defendant Mr.Aniruddha Mitra, Adv.Ms.S.Bhattacharya, Adv.for the plaintiff The Court : This G.A.No.648 of 2017 has been filed by the defendant Rabi Sinha praying for a direction for recalling of plaintiffs witness Sant Agarwal for further cross-examination by the defendants counsel on the specific points as prayed for in the petition. According to the defendant/petitioner, the specific points are mentioned in paragraph 10 of the petition affirmed by Rabi Sinha on 22nd February, 2017. Paragraph 10 of the said petition is set out below : 10. The defendant states that the questions which are required to be asked in cross-examination to Mr.Sant A...
Tag this Judgment!Trf Limited Vs. Damoder Valley Corporation and Ors.
Court: Kolkata
Decided on: Jul-19-2017
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA1940of 2017 WITH CS38OF2014TRF LIMITED Versus DAMODER VALLEY CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 19th July, 2017. For Plaintiff/ Respondent: Mr.Nirmallya Dasgupta, Advocate For Defendant/ Petitioner: Mr.Joydeep Kar, Sr.Advocate The Court :- GA1940of 2017 has been filed by the defendant No.1 Damodar Valley Corporation, constituted under Indian Electricity Act, 2003, seeking extension of time to file additional pleadings. Such extension has been prayed for a period of four weeks from the date. On the prayer of the plaintiff for amendment of the plaint an order dated 7.2.2017 was passed by this Court holding, inter alia, that the amendment was consequential in nature and, therefore, the application for amendment was to be allowed. The application for amendment was allowed subject to objection of limitation which was kept open to be raised in the additional pleadings. Such ...
Tag this Judgment!Shyam Kanhaiya Jaiswal and Anr. Vs. Kolkata Municipal Corporation and ...
Court: Kolkata
Decided on: Jul-18-2017
ORDER SHEET WP330of 2016 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SHYAM KANHAIYA JAISWAL & ANR. Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 18th July, 2017. Appearance: Mr.Syed E. Huda, Adv.for the petitioneRs.Mr.Debrup Bhattacharjee, Adv.Mr.P.K.Tulsyan, Adv.for the respondent no.4. Mr.N.C.Bihani, Adv.Ms.S.Chongdar, Adv.for the KMC. The Court : The instant writ petition was filed alleging that despite issuance of notice under Section 401 of the Kolkata Municipal Corporation Act, 1980, the Corporation authorities were not taking any steps to initiate a proceeding against the private respondents. At the time of moving the writ petition it was brought to the notice of the Court that the delegatee of the Municipal Commissioner passed an order dated 3rd March, 2016 in a proceeding under Section unauthorised 400 of the construction said Act directing upon payment of the retention necessary of retention charge...
Tag this Judgment!Prabir Kumar Chatterjee and Ors. Vs. Ambition Realty Projects Pvt. Ltd ...
Court: Kolkata
Decided on: Jul-17-2017
OD-4 APO No.281 of 2017 EC No.404 of 2014 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE PRABIR KUMAR CHATTERJEE & ORS.Versus AMBITION REALTY PROJECTS PVT.LTD.& ANR. BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : 17th July, 2017. Appearance: Mr.Moloy Kr. Ghosh, Sr.Adv.Mr.Sarosij Dasgupta, Adv.Mr.Avijit Dey, Adv.for the appellants Mr.Ahin Chowdhury, Sr.Adv.Mr.Subhasis Sarkar, Adv.Mr.S.K. Samanta, Adv.Ms.Moly Roy, Adv.Ms.Susmita Sarkar, Adv.for the respondents The Court : The appeal is of limited import as it arises out of an order of March 28, 2017 passed in couRs.of execution proceedings when it dawned the appellants, deep into such proceedings, that the arbitral award could not have been executed in this Court. The facts are not much in dispute. The appellants herein have suffered an arbitral award of November 27, 2013. It is also not in dispute that prior to the commencement of the arbitral reference, a petiti...
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