Kolkata Court August 2017 Judgments
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Paras Marketing Co. (P) Ltd. Vs. Air India Limited and Anr.
Court: Kolkata
Decided on: Aug-28-2017
ORDER SHEET GA No.258 of 2017 With CS No.197 of 2008 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PARAS MARKETING Co.(P) LTD.Versus AIR INDIA LIMITED & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 28th August, 2017. Appearance: Mr.Mainak Bose, Adv.Mr.Chayan Gupta, Adv.Mr.A.Bagaria, Adv.Mr.Anirban Ray, Adv.Ms.Micky Chowdhury, Adv.Mr.A.Sarkar, Adv.The Court : The plaintiff is a travel agent. The defendant no.1 is a carrier. The defendant no.1 is a member of the defendant no.2. The defendant no.2 represents about 250 airlines. In order to enable the travel agent to have a business with any carrier who is a member of the defendant no.2, such travel agent is required to be an accredited agent of the defendant no.2. The defendant no.2 is essentially functioning as a conduit between a travel agent and the carrier and regulate the activities between the two. The plaintiff became an accredited agent of the defendant no.2 in terms of an agreement dated 1...
Sps Steels Rolling Mills Limited Vs. Allahabad Bank
Court: Kolkata
Decided on: Aug-28-2017
ORDER SHEET GA No.2858 of 2017 With CS No.182 of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SPS STEELS ROLLING MILLS LIMITED Versus ALLAHABAD BANK BEFORE: The Honble JUSTICE SOUMEN SEN Date : 28th August, 2017. Appearance: Mr.S.K.Kapur, Sr.Adv.Mr.Pratap Chatterjee, Sr.Adv.Mr.Joy Saha, Sr.Adv.Mr.Ravi Kapur, Adv.Mr.O.N.Rai, Adv.The Court : The plaintiff is engaged in the business of production of steel and similar commodities. The plaintiff claims to have substantial goodwill in the market in respect of its products, particularly the TMT Bars manufactured at its factories. The plaintiff for the purpose of carrying on its business has availed various credit facilities from various banks. In couRs.of time the number of lender banks increased and a consortium of them came to be formed that included seven several banks besides the Allahabad Bank who is the lead banker of the said consortium. The plaintiff claims that due to unforeseen circumstances,...
... Plaintiff Vs. Abhay Singh Surana and Ors.
Court: Kolkata
Decided on: Aug-25-2017
-1IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE G.A. No.113 of 2016 In C.S. No.48 of 2013 Hem Prakash Surana ... Plaintiff -VersusAbhay Singh Surana & Ors. ... Defendants/ Proforma-Defendant BEFORE: THE HONBLE JUSTICE SAHIDULLAH MUNSHI August 25, 2017. Mr. Anirban Roy, Adv. Mr. Soumabho Ghosh, Adv. for the plaintiff Mr. Sayantan Bose, Adv. Mr. Rudrajit Sarkar, Adv. for the defendant no.1 Mr. Dibyendu Chatterjee, Adv. for the defendant no.2 Mr. Sakya Sen, Adv. for the defendant no.4 Mr.Pranit Bag, Adv. Mr. Sunny Nandy, Adv. for proforma-defendant no.5 -2- The Court : This G.A. No.113 of 2016 has been filed by the added defendant no.4 praying for framing an issue with regard to maintainability of the suit as referred to in paragraph 35 of the said petition so that the same can be decided as a preliminary issue. Paragraph 35 is quoted below : Your petitioner thus submits that the issue whether the suit filed is maintainable at the instance of the pl...
Jaishree Steels Private Limited and Anr. Vs. State Bank of India and O ...
Court: Kolkata
Decided on: Aug-24-2017
ORDER SHEET WP No.481 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE JAISHREE STEELS PRIVATE LIMITED & ANR. VERSUS STATE BANK OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 24th August, 2017. Appearance: Mr.Anindya Mitra, Sr.Adv.Mr.Abhrajit Mitra, Sr.Adv.Mr.Anirban Ray, Adv.Mr.Pritviraj Sinha, Adv.Ms.Anamika Pandey, Adv.Ms.Amrita Pandey, Adv.For the petitioneRs.Mr.Subrata Kumar Sinha, Adv.For the respondent Nos.1 and 2 Mr.Pratap Chatterjee, Sr.Adv.Mr.Debajyoti Dutta, Adv.Mr.Rishad Medora, Adv.Mr.Soumava Mukherjee, Adv.Mr.Makhan Roy, Adv.For the respondent No.4. The Court:- The challenge in this writ petition is directed towards an invitation of bids for taking over the management of Rohit Ferro-Tech Limited, the respondent No.3 herein. Learned Senior Advocate for the petitioners submits that, the bidding process contemplates invocation of Swiss Challenge Method (SCM).which is unusual. He submits that, the various clauses of the bi...
Bengal Waterproof Limited Vs. Bengal Rubber Company Limited and Others
Court: Kolkata
Decided on: Aug-23-2017
ORDER GA No.2485 of 2017 CS No.161 of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction BENGAL WATERPROOF LIMITED Versus BENGAL RUBBER COMPANY LIMITED & OTHERS BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 23rd August 2017. Appearance: Mr.Anindya Kr. Mitra, Sr.Advocate Mr.Jishnu Saha, Sr.Advocate Mr.Rudraman Bhattacharya, Advocate Mr.Prithviraj Sinha, Advocate Mr.Ishan Saha, Advocate Mr.Devajyoti Bhattacharya, Advocate Mr.Surajit Sen, Advocate ...for the petitioner. Mr.Ratnanko Banerjee, Sr.Advocate MRS.Lopita Banerjee, Advocate Mr.R.N. Vyas, Advocate ...for respondent Nos.1 and 3. Mr.Surajit Nath Mitra, Sr.Advocate Mr.S.K. Kanodia, Advocate Ms.Sananda Mukhopadhyay, Advocate ...for respondent Nos.2, 5, 6, 7 and 8. The plaintiff has filed this action for infringement of the trade mark Duckback. The plaintiff is a pioneer in manufacturing waterproof products like gumboots, raincoats, rubber cloths and the like. The plaintiff was established in the year 1920 by renow...
Bhavani and Others Vs. Govind Bhargavi and
Court: Kolkata
Decided on: Aug-23-2017
In The High Court At Calcutta Testamentary & Intestate Jurisdiction Original Side PLA88of 2012 GA2679of 2012 GA3234of 2012 In The Goods of Abha Rani Sinha @ Abha Sinha (Deceased) Before For the petitioner : The Honble Justice Arijit Banerjee : Mr.Sabyasachi Chaudhury, Adv.Mr.Rajarshi Dutta, Adv.Mr.Sayantan Bose, Adv.Ms.Sreemoyee Purkayastha, Adv.For Bikash Sinha : Mr.Samit Talukdar, Adv.Mr.P.Sinha, Adv.Mr.Ayan De, Adv.Mr.J.Roy, Adv.Heard On : 23.12.2015, 18.02.2016, 19.07.2017, 05.10.2016, 15.11.2016, 22.11.2016 15.12.2016, 03.01.2017, 10.01.2017 CAV On : 16.01.2017 Judgment On : 23.08.2017 Arijit Banerjee, J.:(1) PLA No.88 of 2012 has been filed by one of the joint executors of a Will dated 28 March, 2011 executed by one Abha Rani Sinha of 2/8B, Sarat Bose Road, Police Station Ballygunge, Calcutta 700020 who died on 28 June, 2011. The applicant prays for probate of the said Will in his favour. GA No.2679 of 2012 has been filed by one Dr. Bikash Sinha claiming to be nephew of and also ...
Sleepwell Industries Co. Ltd. Vs. Lmj International Ltd.
Court: Kolkata
Decided on: Aug-22-2017
IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A. 3306 of 2016 E.C. No.487 of 2013 SLEEPWELL INDUSTRIES CO. LTD. Vs. LMJ INTERNATIONAL LTD. For the Award-Holder : Mr. Tilak Kumar Bose, Sr. Adv., Mr. Sailendra Jain, Adv., Mr. Asit Dey, Adv. For the Judgment-Debtor/Applicant : Mr. Anindya Kr. Mitra, Sr. Adv., Mr. Surojit Nath Mitra, Sr. Adv., Mr. D.N. Sharma, Adv., Mr. S. Sarkar, Adv., Mrs. S. Mukhopadhyay, Adv., Mr. T. Aich, Adv. Hearing Concluded On :10.08.2017. Judgment On :22. d August, 2017. Soumen Sen, J.:- The judgment-debtor is the applicant. The judgment-debtor has filed this application ostensibly under Section 48 of the Arbitration and Conciliation Act, 1996 but essentially for having a second look at the foreign award, notwithstanding an earlier order dated 4th September, 2014, by which the question of maintainability including enforceability of the foreign award was decided. The earlier challenge was o...
Darshan Mekani Vs. Aman Khemka
Court: Kolkata
Decided on: Aug-22-2017
ORDER SHEET GA No.174 of 2016 With CS No.294 of 2015 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DARSHAN MEKANI Versus AMAN KHEMKA BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :22. d August, 2017. Appearance: Mr. Ratnanko Banerjee, Sr. Adv. Mr. Kuldip Mullick, Adv. Mr. Sabyasachi Chowdhury, Adv. Mr. N. Chowdhury, Adv. Mr. A. Poddar, Adv. The Court : The suit is filed under Order 37 of the Code of Civil Procedure, 1908. The suit is based on a dishonoured cheque claimed to have been issued by the defendant to the plaintiff. The summon in the prescribed form was served upon the defendant by postal service on 10th December, 2015 and by Bailiff on 14th December, 2015. The defendant, however, did not enter appearance within the period of ten days from the date of service of summons and instead had filed an application for leave to defend after the expiry of the statutory period. The said application, however, was not pursued and was ultimately dismissed fo...
Economic Transport Organisation Limited Vs. Poddar Projects Limited an ...
Court: Kolkata
Decided on: Aug-22-2017
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION Original Side Present : THE HONBLE Mr.JUSTICE BISWANATH SOMADDER AND THE HONBLE Mr.JUSTICE SANKAR ACHARYYA APD No.86 of 2017 G.A.No.902 of 2017 OCo.No.3 of 2017 With G.A.No.2883 of 2013 C.S.No.142 of 2013 Economic Transport Organisation Limited -Vs.Poddar Projects Limited & Anr. For the Appellant : Mr.Abhrajit Mitra, Senior Advocate, with Mr.Chayan Gupta Mr.S.K. Kundu . Advocates For the Respondents : Mr.Samit Talukdar, Senior Advocate, with Mrs.V.Bhatia Mr.Debajyoti Dutta Mr.Ganesh P. Shaw Mr.Debnath Ghosh Mr.R.Jaiswal.Advocates Heard on : 22.03.2017, 29.03.2017, 25.04.2017, 02.05.2017, 03.05.2017, 11.05.2017, 16.05.2017, 07.06.2017, 20.06.2017, 22.06.2017, 29.06.2017, 04.07.2017, 11.07.2017, 13.07.2017, 18.07.2017, 19.07.2017 & 25.07.2017 Judgement on : 22.08.2017. The Court :Respondents as plaintiffs filed Civil Suit (C.S.) No.142 of 2013 against appellant as defendant for eviction from suit premises measuring an area of 972...
Dr. Prabir Kumar Pal and Another ..... Appellants Vs. Dr. Dilip Choudh ...
Court: Kolkata
Decided on: Aug-22-2017
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION Original Side Present : THE HONBLE Mr.JUSTICE BISWANATH SOMADDER AND THE HONBLE Mr.JUSTICE SANKAR ACHARYYA APDT24OF2016(GA2655of 2016) Dr. Prabir Kumar Pal & Another ....Appellants versus Dr. Dilip Choudhury & Others ....Respondents with APDT29OF2016(GA2759of 2016) Dr. Santanu Tathagata Pal ....Appellant versus Dr. Dilip Choudhury & Others ....Respondents with APDT38OF2016Dr. Sanjukta Ray (Pal) ....Appellant versus Dr. Dilip Choudhury & Others ......Respondents All arising out of G.A.No.202 of 2016 C.S No.23 of 2015 For the Appellant : Mr.Ranjan Bachawat, Senior Advocate, with Mr.S.Sengupta Mr.Syamantak Banerjee Mr.Sarosij Dasgupta MRS.Subhra Das, Advocates in APDT24of 2016 Mr.Pratap Chatterjee, Senior Advocate, with Mr.Suman Dutt Mr.Saunavo Basu, Advocates in APDT29of 2016 Mr.Ranjan Bachawat, Senior Advocate, with Mr.S.Sengupta MRS.Subhra Das, Advocates in APDT38of 2016 For the Respondents : Mr.Syama Prosad Sarkar, Senior Advo...
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