Kolkata Court August 2017 Judgments
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Sanjay Khemani Vs. Npr Finance Limited
Court: Kolkata
Decided on: Aug-10-2017
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.261 of 2016 in connection with C.S.114 of 2002 Sanjay Khemani -Vs.NPR Finance Limited AND APD No.262 of 2016 in connection with C.S.113 of 2002 Sanjay Khemani -Vs.Rani Leasing & Finance Limited For the appellant : Mr.Pradip Kumar Ghose, Sr.Advocate. Mr.Utpal Bose, Sr.Advocate. MRS.Lapita Banerjee, Advocate. Mr.P.K.Bagaria, Advocate. Mr.J.Chatterjee, Advocate. For the respondent : Mr.Abhrajit Mitra, Sr.Advocate. Mr.Jishnu Chowdhury, Advocate. Ms.Radhika Singh, Advocate. Mr.Soumabho Ghose, Advocate. Heard on : Judgement on : 21.11.2016, 11.01.2017, 16.01.2017, 07.03.2017, 16.03.2017, 28.03.2017, 20.04.2017, 04.05.2017, 15.05.2017, 17.05.2017, 12.06.2017, 13.06.2017, 15.06.2017 & 19.06.2017. 10.08.2017. SANKAR ACHARYYA, J. :Same defendant / appellant has preferred these two appeals against two separate judgements dated...
Quadrafic Media Pvt. Ltd. Vs. Rajat Agarwal and Ors.
Court: Kolkata
Decided on: Aug-10-2017
OD-19 APO No.333 of 2017 in CS No.35 of 2017 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE QUADRAFIC MEDIA PVT.LTD.versus RAJAT AGARWAL & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE And The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : August 10, 2017 Appearance Mr.Tilak Bose, Sr.Adv.Mr.Sayantan Bose, Adv.Mr.Reetobroto Mitra, Adv.Mr.S.R.Saha, Adv.Mr.S.Sharma, Adv.Ms.S.Barman Ray, Adv.Mr.Ratnanko Banerji, Sr.Mr.Debnath Ghosh, Mr.Subhasish Sengupta, Ms.A.Lala Sengupta, Mr.S.Ray, Mr.P.Sinha, Mr.J.Roy, Mr.A.Dey, Adv.Adv.Adv.Adv.Adv.Adv.Adv.Adv.The Court : The appeal arises out of the rejection of a petition for revoking the leave granted under Clause 12 of the Letters Patent. The nature of the action and the essence of the plaintiffs case must fiRs.be seen. According to the plaint, the fiRs.plaintiff appears to have been the principal person who negotiated with the second and third defendants, who were in control of the defendant no.7 company, to start an o...
Bharat Poddar and Ors. Vs. The Kolkata Municipal Corporation and Ors.
Court: Kolkata
Decided on: Aug-10-2017
ORDER SHEET W.P.No.428 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE BHARAT PODDAR & ORS.Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 10th August, 2017. For Petitioner : Mr.N.K.Poddar, Sr.Adv.with Mr.Ashok Gupta, Adv.For KMC : Mr.Achintya Banerjee with Mr.Samrat Chowdhury, Adversus The instant writ petition is filed challenging two orders both dated 3rd July, 2017 passed by the Hearing Officer determining the annual valuation of the property with effect from third quarter 2012-13 and third quarter 2015-16 at Rs.10,46,840/- and Rs.16,95,350/- respectively. The challenge is basically founded on a solitary ground that the orders of the Hearing Officer are non-speaking orders and there is no reasons assigned therein for enhancement of the annual valuation. It is not in dispute that prior to the aforesaid quarter the annual valuation was determined at Rs.8,72,370/-. There is no challenge to the aforesa...
Skipper Limited Vs. Akash Bansal and Ors.
Court: Kolkata
Decided on: Aug-09-2017
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A.No.237 of 2016 C.S.No.7 of 2016 SKIPPER LIMITED VS. AKASH BANSAL & ORS. For the Petitioner : Mr. Mr. Mr. Mr. Mr. Mr. Mr. Ranjan Bachawat, Sr. Adv., Rudraman Bhattacharyya, Adv., Prithviraj Sinha, Adv., Siddhartha Das, Adv., Phiroze Edulji, Adv., Abhishek Bhutoria, Adv., Sourish Banerjee, Adv. For the Respondents : Mr. Debnath Ghosh, Adv., Mr. D. Mukherjee, Adv., Mrs. Shomrita Das, Adv. Hearing Concluded On :19. 07.2017. Judgment On :9. h August, 2017. Soumen Sen, J.:- The petitioner claims to be the proprietor of the word mark BANSAL.. The petitioner claims that petitioner has been manufacturing, selling and marketing metal pipes manufactured under the trade mark BANSAL. with the mark SKIPPER. suffixed thereto from 1981 without any interruption. The petitioners turn over during the last financial year was Rs.1300 crores. The petitioner applied for registration of w...
Balkrishna Garodia Vs. Nikunj Kumar Lohia and Ors.
Court: Kolkata
Decided on: Aug-08-2017
O5 APO No.475 of 2015 EC No.332 of 2010 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE BALKRISHNA GARODIA Versus NIKUNJ KUMAR LOHIA & ORS.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : 7th August, 2017. Appearance: Mr.Jayanta Kr. Mitra, Sr.Adv.Mr.Rakhi Shroff, Adv.Mr.Sourojit Dasgupta, Adv.Mr.S.G. Muskara, Adv.Mr.Jishnu Saha, Sr.Mr.Ratnanko Banerji, Sr.Mr.Rupak Ghosh, Ms.Arpita Saha, Mr.Ashis Kr. Mukherjee, Adv.Adv.Adv.Adv.Adv.The Court : The appeal arises out of a judgment and order of August 31, 2015 by which execution proceedings brought by the appellant herein were dismissed. The appellant attempted to execute an arbitral award of 1983 that was made a decree of Court under the Arbitration Act, 1940 in 1984. The execution proceedings were instituted in 2010. The two groups of parties who were before the two arbitrators fought over the control of three companies, pithily referred to in the award as the cotton ...
Purabi Basu Vs. Rakhi Ganguly
Court: Kolkata
Decided on: Aug-08-2017
ORDER SHEET CC662017 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction [Contempt].ORIGINAL SIDE PURABI BASU Versus RAKHI GANGULY BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 8th August, 2017. Mr.Sakya Sen, Mr.Meghnad Dutta, Advs., for the petitoner. Mr.Ranajit Chatterjee, Adv., Mr.Arijit Dey, Mr.Amaresh Kumar Das, Adv., for the contemnor. The Court : The alleged contemnor is unnecessarily dragged in a contempt proceeding alleging that despite the communication of the order deliberate dated 11th violation April, thereof. 2017, Even there the is a order is conscious duly and complied with, the contempt application is pursued by the petitioner as there is an apparent delay in implementing/complying with the order dated 11th April, 2017. While disposing of the writ petition being WP No.188 of 2017 on 11th April, 2017, this Court directed the Assessor Collector (North) to implement the order passed by the Municipal Assessment Tribunal by correcting the assessment register incorporatin...
Paras Marketing Co. (P) Ltd. Vs. The National Aviation Company of Indi ...
Court: Kolkata
Decided on: Aug-07-2017
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA No.3506 of 2008 With CS No.197 of 2008 PARAS MARKETING Co.(P) LTD.Versus THE NATIONAL AVIATION COMPANY OF INDIA LIMITED & ANR. GA No.3508 of 2008 With CS No.197 of 2008 PARAS MARKETING Co.(P) LTD.Versus THE NATIONAL AVIATION COMPANY OF INDIA LIMITED & ANR. GA No.3509 of 2008 With CS No.197 of 2008 PARAS MARKETING Co.(P) LTD.Versus THE NATIONAL AVIATION COMPANY OF INDIA LIMITED & ANR. GA No.3510 of 2008 With CS No.197 of 2008 PARAS MARKETING Co.(P) LTD.Versus THE NATIONAL AVIATION COMPANY OF INDIA LIMITED & ANR. GA No.3511 of 2008 With CS No.197 of 2008 PARAS MARKETING Co.(P) LTD.Versus THE NATIONAL AVIATION COMPANY OF INDIA LIMITED & ANR. GA No.3512 of 2008 With CS No.197 of 2008 PARAS MARKETING Co.(P) LTD.Versus THE NATIONAL AVIATION COMPANY OF INDIA LIMITED & ANR. GA No.3513 of 2008 With CS No.197 of 2008 PARAS MARKETING Co.(P) LTD.Versus THE NATIONAL AVIATION COMPANY OF INDIA LIMITED & AN...
Kanchan Choudhary and Ors. Vs. The State of West Bengal and Ors.
Court: Kolkata
Decided on: Aug-07-2017
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side WP NO.431 OF2017IN THE MATTER OF : KANCHAN CHOUDHARY & ORS.VS THE STATE OF WEST BENGAL & ORS.WP NO.433 OF2017GA NO.2514 OF2017IN THE MATTER OF : CALCUTTA KEROSENE OIL DEALERSASSOCIATION & ANR. VS THE STATE OF WEST BENGAL & ORS.WP NO.436 OF2017IN THE MATER OF: WEST BENGAL KEROSENE DEALERSS ASSOCIATION & ANR.VS THE STATE OF WEST BENGAL & ORS.W.P.19543(W) OF2017GANESH DAS & ANR versus THE STATE OF W.B.& ORS.W.P.19544(W) OF2017NANDA DAS & ANR. versus THE STATE OF W.B.& ANR. W.P.19627(W) OF2017SANDIP DAS versus THE STATE OF W.B.& ORS.BEFORE: Honble JUSTICE RANJIT KUMAR BAG Date :7th August, 2017 MR.BIKASH RANJAN BHATTACHARYYA, SR.ADVOCATE, MR.DEBABRATA SAHA ROY, MR.PINGAL BHATTACHARYYA, ADVOCATES FOR APPLICANT IN G.A.NO.2414 OF2017IN W.P.NO.433 OF2017MR.S.N.MUKHERJEE, SR.ADVOCATE, MR.R.A.AGARWAL, MS.NIBEDITA PAL, MR.R.DHARA, MR.A.G.MUKHERJEE, ADVOCATES FOR PETITIONERS IN W.P.NO.431 OF2017MR.JAYANTA BANE...
R.S. Fuel Pvt. Ltd. and Anr. Vs. Union of India and Ors.
Court: Kolkata
Decided on: Aug-04-2017
ORDER SHEET GA17662017; APO3112017; GA23432017; WP9642016 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE R.S.FUEL PVT.LTD.& ANR. Versus UNION OF INDIA & ORS.BEFORE: The Hon'ble JUSTICE RAKESH TIWARI The Hon'ble JUSTICE SHIVAKANT PRASAD Date : 4th August, 2017. Mr.R.A.Agarwalla, Adv.appears with Mr.R.Dhara, Adv.and Ms.S.Roy, Adv.Mr.M.Das, Adv.appeaRs.The Court:(1) Heard learned Advocates for the parties on the application for recall of the judgment and order dated June 8, 2017. (2) One of the contentions of the learned Advocate for the appellants is that the appellants had been wrongly advised by their erstwhile Advocates to prefer an application before the Railway Claims Tribunal which had no jurisdiction. According to him, it is the Railway Rates Tribunal which had the jurisdiction over the matter. (3) We, however, dealt with this issue in our judgment and order dated June 8, 2017. (4) Learned Advocate for the respondent on the other hand brought to the notic...
Tax Recovery officer47 Kolkata and Ors. Vs. State Bank of India and An ...
Court: Kolkata
Decided on: Aug-03-2017
ORDER SHEET WP No.297 of 2014 With WP No.456 of 1993 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE TAX RECOVERY OFFICER-47 KOLKATA & ORS.Versus STATE BANK OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE DEBANGSU BASAK Date : 3rd August, 2017. Appearance: MRS.Smita Das De, Adv.For the petitioneRs.Mr.S.C. Shrivastava, Adv.For the respondent Nos.1 & 2. Mr.Debashis Karmakar, Adv.Mr.Arya Nandi, Adv.For the respondent No.3. Mr.Jishnu Saha, Sr.Adv.Mr.Rajdeep Bhattacharyya, Adv.Mr.H.B.Dubey, Adv.For the respondent Nos.4 & 5. The Court :- The Income Tax Department assails a sale of 1/9th share in an immovable property undertaken by the State Bank of India on March 24, 2010 under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Learned Advocate for the petitioners submits that, the immovable property stood attached by virtue of an order of attachment dated February 23, 1976 as well as another order ...
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