Court : Kolkata
..... orders of the division bench dated january 15, 2014 where it was recorded, he died in an accident. the borrower filed an application under section 34 of the arbitration and conciliation act, 1996, inter alia, praying for setting aside of the award. after the death of the borrower, the present appellant being the mother of ..... ) 5 scc705to contend, it was the court s duty to interfere with the award when it would be contrary to substantial provisions of law or the said act, 1996 or against the terms of the contract. we fail to understand, how any of those eventualities would arise in the instant case to accede to the ..... order sheet in the high court at calcutta civil appellate jurisdiction original side apo1312014 ap2722013 and apo1322014 ap942013 harbinder kaur versus l & t finance ltd.& anr. before: the hon'ble mr.banerjee, acting chief justice the hon'ble justice arijit banerjee date : 14th july, 2014. mr.shyamal chakraborty, advocate ms.s.bhattacharya, advocate advocate for the appellant. .....
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..... inspector-general in accordance with law. needless to observe, apart from the point that the deputy inspector-general is covered by the definition of collector under section 2(9) of the act, no other point has been decided and all points are left open for the petitioner to raise before the deputy inspector-general. there will be no ..... sr.adv.with mr.sourav kumar mukherjee, adv.mr.s.sengupta, adv..for the petitioner mr.ayan banerjee, adv..for the respondents collector is defined in section 2(9) of the indian stamp act, 1899 (hereafter the act ) as follows: (9) collector (a) means, within the limits of the towns of calcutta, madras and bombay, the collector of calcutta, madras ..... gazette, appoint in this behalf. mr.banerjee, learned advocate for the state has produced before this court a notification dated 11th april, 2000 issued by the finance department, government of west bengal whereby it has been notified as follows: in exercise of the power conferred by sub-clause (b) of clause (9) of .....
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..... impugned design is not significantly distinguishable from known designs or combination of known designs and is merely a trade variant, not capable of being registered under section 4 of the designs act, 2000. mr.mookerjee appearing on behalf of the respondent no.2 submitted that the respondent no.2, a partnership firm, had been in active business ..... those which have the date, appear to have been taken after the respondent no.2 obtained registration of the impugned design. design, as defined in sec 2(d) of the designs act, is protected for the features of shape, configuration, pattern and ornament. inorder to challenge the validity of a design, what is required is evidence ..... new article nor had any eye appeal. the article was not novel or unique in any way. the expressions article and design as defined in sections 2(a) and (d) of the designs act are set out hereinbelow: (a) "article" means any article of manufacture and any substance, artificial; or partly artificial and partly natural; and .....
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..... appeal from an order passed under section 17 of the arbitration and conciliation act, 1996, by the arbitrator. on june 13, 2014, the appellant agreed to the finance company s proposal that a sum of rs.1.10 lakh would be paid on account of the defaulted instalments ..... petitioner in court today. an affidavit of undertaking has been filed that the cheque would be honoured upon presentation. the order impugned will stand set aside and the finance company will be obliged to return the vehicle that was taken possession of pursuant to the impugned order of the arbitral tribunal, subject to the encashment of the cheque ..... of 2014 apo no.184 of 2014 ga no.1654 of 2014 in the high court at calcutta civil appellate jurisdiction original side subhonkar mondl @ suvankar mondal versus tata motors finance ltd before: the hon'ble justice sanjib banerjee date : 10th july, 2014. appearance: mr.s.chakraborty, adv.mr.p.sinha, adv.the court : this is an .....
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..... setting aside the same. a.p.no.1015 of 2013 is dismissed. a.p.no.1004 of 2014 is the hirer s petition under section 9 of the arbitration and conciliation act, 1996 during the pendency of the setting-aside proceedings. since the setting-aside proceedings have been dismissed and the award can now be ..... which it may have had no authority. the district forum passed certain orders and the final order is the subject-matter of an appeal preferred by the finance company. the petitioner admits that the petitioner was issued notices by the arbitrator and was represented at the initial stage of the reference. the petitioner was ..... 2013 ganapati roy -versusshriram transport finance company ltd.ap no.1004 of 2014 ganapati roy -versusshriram transport finance company ltd.appearance: mr.gobinda kar, adv...for the petitioner. before: the hon'ble justice sanjib banerjee date : july 10, 2014. the court : the petition under section 34 of the arbitration and conciliation act, 1996 is utterly unmeritorious and .....
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..... deposit in terms of the order of december 4, 2013 was not made and a further petition, a.p.no.202 of 2014, was carried by the finance company under section 9 of the 1996 act complaining of the hirer s failure to comply with the order of december 4, 2013. three other petitions, a.p.no.234 of 2014, a.p ..... to resolve their disputes relating to five agreements executed between them in all and another agreement executed by the finance company and an associate of the hirer. it is elementary that the authority of the court under section 9 of the 1996 act is limited. the measures that the court directs to be taken are all in aid of the reference and ..... entire amounts claimed in respect of the five agreements, no further order can be passed on the present proceedings. three petitions were carried to this court under section 9 of the arbitration and conciliation act, 1996 in respect of three agreements. on august 14, 2013, two of the matters were taken up and it was recorded that the respondent had .....
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..... the award remains unexecutable during the pendency of the petition for setting aside the same. the usual practice followed in this court in such matters is that the finance company is requested to disregard the award altogether and indicate its claims ..... 2014 srei equipment finance private limited and anr. versus multitech construction and anr. before: the hon'ble justice sanjib banerjee date : 8th july, 2014. appearance: mr.gautam chaudhury, adv.mr.s.banerjee, adv.the court : the earlier petition is for setting aside an award. the later matter is the post-award petition under section 9 of the arbitration and conciliation act, 1996, since .....
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..... 2014 apot no.272 of 2014 ap no.505 of 2014 in the high court at calcutta civil appellate jurisdiction original side srei equipment finance limited versus raspal singh sandhy and anr before: the hon'ble justice banerjee, acting chief justice, the hon'ble justice arijit banerjee date : 8th july, 2014. appearance: mr.swatarup banerjee with mr.tirthankar das, ld. advocates for ..... bank of their choice and keep the same renewed from time till disposal of the arbitration proceeding. both the appeals are disposed of without any order as to costs. (banerjee,acting chief justice) (arijit banerjee, j.) dg/
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..... 2014 is disposed of by discharging the receiver and by leaving the petitioner free to pursue any other remedy that may be available to the petitioner both under the said act of 1996 and under any other applicable law. the receiver will not be required to file any accounts. there will be no order as to costs. certified website copies of ..... ap no.123 of 2014 in the high court at calcutta ordinary original civil jurisdiction original side srei equipment finance limited -versusarunendu sarkar appearance: mr.satarup banerjee, adv...for the petitioner. before: the hon'ble justice sanjib banerjee date : july 4, 2014. the court : the respondents are not represented despite .....
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..... petitioner and added to the claim in the pending arbitral reference. let the matter appear three weeks hence; with a reminder to the petitioner that this petition under section 9 of the 1996 act pending from the year 2013 cannot be left hanging in court for an indefinite period. urgent certified website copies of this order, if applied for, be supplied to ..... ap no.1453 of 2013 in the high court at calcutta ordinary original civil jurisdiction original side srei equipment finance limited versus oxygen infrastructures & developers pvt.ltd.before: the hon'ble justice sanjib banerjee date : 4th july, 2014. appearance: mr.s.banerjee, adv.the court : the respondent is not represented .....
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