Kolkata Court July 2017 Judgments
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Swiss Singapore Overseas Enterprises Pte. Ltd. Vs. Lmj International L ...
Court: Kolkata
Decided on: Jul-06-2017
ORDER SHEET GA No.2812 of 2013 With EC No.321 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SWISS SINGAPORE OVERSEAS ENTERPRISES PTE. LTD.Versus LMJ INTERNATIONAL LTD.BEFORE: The Honble JUSTICE SOUMEN SEN Date : 6th July, 2017. Appearance: Mr.S.Sarkar, Adv.Ms.Sananda Mukhopadhyay, Adv.Mr.T.Aich, Adv.Mr.Anirban Ray, Adv.Ms.N.Jhunjhunwala, Adv.The Court : An objection is taken with regard to the enforceability of the award on the ground that there are apparent discrepancies in the certification issued by the Registrar of the Singapore International Arbitration Centre. This appears to be the main objection as the other objections to my mind are without any substance. However, the other objection seems to be that the arbitration agreement has not been duly authenticated and/or certified in terms of Rule 19C (3) of the Statutes of the Republic of Singapore International Arbitration Act (Chapter 143A).The said Rule reads: 19C.(1) For the purposes of...
Swiss Singapore Overseas Enterprises Pte Ltd. Vs. Lmj International Li ...
Court: Kolkata
Decided on: Jul-06-2017
ORDER GA No.2814 of 2013 EC No.322 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction SWISS SINGAPORE OVERSEAS ENTERPRISES PTE LTD.Versus LMJ INTERNATIONAL LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th July, 2017. Appearance: Mr.Anirban Ray, Advocate Mr.Vivek Jhunjhunwala, Advocate Ms.Nikita Jhunjhunwala, Advocate ...for the award-debtor/applicant. Mr.Sankarsan Sarkar, Advocate Ms.Sananda Mukhopadhyay, Advocate Led by Mr.S.N. Mitra, Sr.Advocate Mr.D.N. Sharma, Advocate ...for the decree-holder. This is an application challenging the maintainability of the execution application on the ground that requirement of Section 47 of the Arbitration followed. and Conciliation Act, 1996 has not been There is no challenge either to the existence of the final award nor with regard to the authenticity and existence of the agreement. The foreign award is a contested award. The argument that a duly authenticated copy of the contract which contains the arbitration cl...
Anandaroop Bera and Another Vs. Somnath Mondal
Court: Kolkata
Decided on: Jul-05-2017
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE The Honble JUSTICE SANJIB BANERJEE And The Honble JUSTICE SIDDHARTHA CHATTOPADHYAY GA No.1709 of 2016 With APO No.163 of 2017 In TS No.3 of 2007 SUDHINDRA NATH MONDAL (DEC.) AND ANANDAROOP BERA AND ANOTHER -VERSUSSOMNATH MONDAL For the Appellants: Mr Malay Kumar Ghosh, Sr Adv., Mr Debnath Ghosh, Adv., Mr C. S. Banerjee, Adv., Mr Sarosij Dasgupta, Adv., Mr Avijit Dey, Adv. For the Respondent: Mr Dhrubo Ghosh, Sr Adv., Mr Sarathi Dasgupta, Adv., Mr Saumavo Basu, Adv., Mr Suman Kumar Dutt, Adv., Mr Arnab Dutt, Adv. Hearing concluded on: June 29, 2017. Date: July 5, 2017. SANJIB BANERJEE, J.: This appeal and the considerable time spent in court over it, it must be confessed bluntly, is as a result of the mess created by the court in the two orders that have been cited by the appellants to claim an undeserving benefit. The matter pertains to a Will and before the facts are noticed and any attempt is made to extricate ...
Nagori Ply Arcade Ltd. Vs. Punjab National Bank
Court: Kolkata
Decided on: Jul-05-2017
ORDER SHEET GA2407of 2016 GA2773of 2016 CS293of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE NAGORI PLY ARCADE LTD.Versus PUNJAB NATIONAL BANK BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 5th July, 2017. Appearance: Mr.Ratananko Banerjee, Adv.Mr.Shaunak Mitra, Adv.Mr.Sanjoy Jhunjhunwala, Adv.for the plaintiff Mr.Joy Saha, Sr.Adv.Ms.Shyantee Dutta, Adv.Ms.Samita Das Chowdhury, Adv.for the defendant The Court : Both the applications being GA2407of 2016 (application for amendment) and GA2773of 2016 (application praying for an order directing the defendant to furnish the security of rupees one crore seventy-five lakh) are taken up together. However, for convenience, GA2407of 2016 is taken up first. G.A.2407 of 2016 has been filed in C.S.No.293 of 2014 by the defendant, Punjab National Bank, praying for amendment to the written statement filed by it earlier. It is stated that the defendant filed a written statement on 17th November, 2014. Sub...
Debasish Chattopadhyay and Ors. Vs. Union of India and Ors.
Court: Kolkata
Decided on: Jul-04-2017
OD-1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE GA1722of 2017 WP180of 2017 DEBASISH CHATTOPADHYAY & ORS.Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE Dr. SAMBUDDHA CHAKRABARTI Date : 4th July, 2017. Appearance: Mr.C.Panda, Sr Adv.Mr.S.K. Mukhopadhyay, Adv. for the petitioners Mr.A.Chowdhuri, Sr Adv.Mr.V.Chatterjee, Adv.The Court : This is an application for modification of the order dated April 4, 2017 passed by me in WP No.180 of 2017. The petitioners who are the employees of Tea Board were sought to be transferred in their exiting capacity to different zonal and regional offices as indicated against each of them in the document annexed to the writ petition. By that writ petition the said office memorandum was sought to be challenged. After hearing the learned advocates for the parties and after going through the relevant records I dismissed the writ petition as not a fit one calling for any judicial intervention and I found no m...
Poonam Raj Mirchandani and Anr. Vs. Sunil Kishin Punwani and Ors.
Court: Kolkata
Decided on: Jul-03-2017
GA No.811 of 2016 CS No.330 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE POONAM RAJ MIRCHANDANI & ANR. -VersusSUNIL KISHIN PUNWANI & ORS.Appearance: Mr.Amitesh Banerjee, Sr.Adv.Mr.K.R. Thakkar, Adv.Mr.Lokenath Chatterjee, Adv.Mr.P.D.Mukherjee, Adv...for the petitioner. Mr.Ratnanko Banerjee, Sr.Adv.Ms.Mousumi Bhattacharyya, Adv.Mr.Shaunak Mitra, Adv.Mr.Anunoy Bose, Adv...for the respondent Nos.1-5 & 8-10. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 3rd July, 2017. The Court : Two daughteRs.one married in 1978 and other in the year 1993, suddenly became conscious in the year 2015 of their right to the properties supposedly left by their father. The father died in the year 2007. The father appears to have left a Will of which although consent was given by the plaintiffs but later on the probate application was withdrawn as it appears from the submissions made on behalf of the parties that the daughters wanted certain shares in the properties a...
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