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Aug 01 2017 (HC)

Jalan Inter Continental Hotels Pvvt. Ltd. Vs. State Bank of India and ...

Court : Kolkata

ORDER SHEET CS No.167 of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE JALAN INTER CONTINENTAL HOTELS PVVT. LTD.Versus STATE BANK OF INDIA & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 1st August, 2017. Appearance: Mr.Rajesh Upadhayay, Adv.The Court: The premptive suit apparently with innocuous prayers to attract the jurisdiction of this Court in order to circumvent notice under Section 13(2) of the SARFAESI Act is liable to be dismissed. There cannot be any doubt that the RDB Act completely ousts the jurisdiction of this Court. In the SARFAESI Act, the provisions are more stringent and there is a complete ouster of the jurisdiction of the Civil Court. Section 34 of the SARFAESI Act is the ouster clause. The said Section reads: S.34. Civil Court not to have jurisdiction No civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which a Debts Recovery Tribunal or the Appellate Tribunal is empowered ...

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Aug 01 2017 (HC)

Sunil Kumar Sen Vs. The Kolkata Municipal Corporation and Ors.

Court : Kolkata

ORDER SHEET GA No.2314 of 2017 RVWO No.31 of 2017 WP No.1233 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE SUNIL KUMAR SEN Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date: 1st August, 2017 Appearance Mr.Jibon Ratan Chatterjee, Sr.Adv.with Mr.Pradeep Kumar, Adv.Mr.S.N. Mitra, Sr.Adv.with Mr.Sananda Mukherjee, Adv.Mr.Barin Banerjee, Adv.with Mr.Alak Kumar Ghosh, Adv.Mr.Swapan Kumar Debnath, Adv.Ms.Sima Chakraborty, Adv.The Court : This is an application for review of the judgment and order dated 23rd June, 2017 passed in WP No.1233 of 2013 and WP No.289936(W) of 2013 by which the Municipal Commissioner was directed to depute a responsible officer and/or engineer to supervise the entire demolition work by taking all precaution and care so that the portions found in dangerous and ruinous condition indicated in the report do not affect or damage the remaining portion which is found in reparable condition. Simultaneously, the direction was ...

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Aug 01 2017 (HC)

Estate of Balai Chand Biswas Vs. The Kolkata Municipal Corporation and ...

Court : Kolkata

ORDER SHEET W.P.No.310 of 2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE ESTATE OF BALAI CHAND BISWAS Versus THE KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 1st August, 2017. For Petitioner : Mr.Sakya Sen with Mr.Meghnad Dutta, Adversus For KMC : Mr.Biswajit Mukherjee with Mr.Gurudas Mitra & Ms.Manashi Nath, Adversus The petitioner has challenged the notice of demand dated 21st February, 2017 issued by the Kolkata Municipal Corporation on account of unpaid property tax together with interest and penalty. The sheet anchor of challenge against the said demand is founded on the assertion that the Corporation neither served any notice while enhancing the annual valuation of the property in question nor served any order of assessment and, therefore, the alleged demand is an outcome of non-adherence of the statutory responsibilities and duties under the relevant statute and also on the ground of violation of principl...

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Jul 28 2017 (HC)

R.K. Associates and Hotelier Private Ltd. Vs. The Union of India.

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side G.A.No.1214 of 2017 W.P.No.218 of 2017 R.K.Associates and Hotelier Private LTD.versus The Union of India. For the Petitioner : Mr.Mr.Mr.Mr.Pratap Chatterjee, Sr.Advocate Joy Saha, Sr.Advocate Rishad Medora, Advocate Meghajit Mukherjee, Advocate For the Respondent : Mr.Koushik Chanda, Addl. Solicitor General Mr.Swapan Banerjee, Advocate Hearing concluded on : July 19, 2017 Judgment on : July 28, 2017 DEBANGSU BASAK, J.:- The writ petition as well as an interim application made therein are taken up for final hearing. Learned Senior Advocate for the petitioner submits that, the petitioner was granted a contract for catering services at the Sealdah New Delhi Rajdhani Express by virtue of a master license agreement dated June 23, 2014. The petitioner was discharging its obligations under such agreement. Over a period of time, there were several complaints against the petitioner with regard to the quality of the foo...

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Jul 28 2017 (HC)

The Tara Charan Satya Sangha Vs. Atanu Banerjee and Anr.

Court : Kolkata

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 G.A.No.1584 of 2017 With APDT No.18 of 2017 T.S.No.3 of 2002 The Tara Charan Satya Sangha -Vs.Atanu Banerjee & Anr. For the appellant : Mr.Mr.Mr.Mr.Mr.Syama Prosad Sarkar, Sr.Adv.Utpal Bose, Sr.Adv.Sanjoy Bose, advocate. Sounak Sengupta, advocate. Abhishek Banerjee, advocate. For the respondent : Mr.Amal Kanti Das, advocate. Mr.Debayan Sinha, advocate. Ms.Anyasha Das, advocate. Heard on : 17.05.2017, 12.06.2017, 14.06.2017, 12.07.2017, 17.07.2017 & 19.07.2017. Judgment on : 28.07.2017. SANKAR ACHARYYA, J. This appeal being APDT No.18 of 2017 has been filed by plaintiff appellant on being aggrieved by and dissatisfied with the judgment of dismissal dated 30th March, 2017 passed by learned Single Judge of this High Court in Testamentary Suit No.3 of 2002. The appellant has filed an application being No.G.A.No.1584 of 2017 fo...

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Jul 28 2017 (HC)

Wellman Carbo Metalicks (India) Limited Vs. The Board of Trustees for ...

Court : Kolkata

W.P.No.267 of 2011 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Wellman Carbo Metalicks (India) Limited versus The Board of Trustees for the Port of Kolkata & ORS.For the Petitioner : Mr.Soumya Majumdar, Advocate Mr.Amitava Mitra, Advocate Ms.Sumita Shaw, Advocate Mr.Parag Chaturvedi, Advocate For the Respondent Nos.1 To 5 (KoPT) : Mr.Hirak Mitra, Sr.Advocate Mr.Ashok Kumar Jana, Advocate For the Respondent No.6 : Mr.Sarathi Dasgupta, Advocate Ms.Ananya Basu, Advocate Md.Shehabuddin, Advocate Hearing concluded on : July 11, 2017 Judgment on : July 28, 2017 DEBANGSU BASAK, J.:- The petitioner has challenged the action of the Kolkata Port Trust (KoPT) authorities in levying charges in respect of occupation of an immovable property and the ultimate auction of the property belonging to the petitioner. Learned Advocate for the petitioner has submitted that, the petitioner as an importer had appointed the respondent No.6 as its agent. The respondent No.6 as th...

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Jul 28 2017 (HC)

Steel Authority of India Ltd. and Anr. Vs. Union of India and Ors.

Court : Kolkata

W.P.No.1063 of 2013 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Steel Authority of India LTD.& Anr. versus Union of India & ORS.For the Petitioners : Mr.Arijit Chakraborty, Advocate For the Respondents : Mr.Amitabrata Ray, Advocate Mr.Bhaskar Prosad Banerjee, Advocate Hearing concluded on : July 4, 2017 Judgment on : July 28, 2017 DEBANGSU BASAK, J.:- The challenge in the writ petition is directed towards refusal to grant drawback claim of Rs.36,10,796/- in respect of a shipping bill bearing No.5318141 dated July 12, 2006. Learned Advocate for the petitioners submits that, the petitioner had exported prime mild steel concast billets under two separate shipping bills both dated July 12, 2006 with a due drawback claim of Rs.36,10,796/- and Rs.19,98,616/-. The shipping bills were filed electronically. Export order was issued on July 19, 2006. The same was also taken electronically. The Electronic Data Interchange System (EDI System) was introduced for the ...

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Jul 28 2017 (HC)

Sujit Roy and Ors. Vs. Liquidator, High Court, Calcutta.

Court : Kolkata

ORIGINAL SIDE SURANCE Co.LTD.(IN LIQUIDATION) & OTHERS COMPANY (IN LIQN.) And SUJIT ROY & ORS.VERSUS LIQUIDATOR, HIGH COURT, CALCUTTA. MUKERJ.Appearance: Mr.Utpal Bose, Sr.Adv.Mr.Arik Banerjee, Adv.Mr.Soumabho Ghose, Adv.Ms.Smita Das De, Adv.is application has been made by the Company paid of the Official Liquidator of this Court. The following ges Summons: e be granted to serve a copy of this Application to the Provident Fund Fund Commissioner, Organization, D.K.the Block, Employees Sector-II, oyee, Kolkata; Official Liquidator, Calcutta High Court be directed to suitable scheme for pension linked Provident Fund with the assistance of the Regional Provident Fund uity and some other minor benefits. one of them has rendered long, uninterrupted and office of the Official Liquidator not in any way inferior would have given to the organization. tanding practice, a percentage of the sale proceeds ts of the company (in liquidation) is appropriated by ay for the expenses of office including t...

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Jul 27 2017 (HC)

Dina Nath Parolia and Anr. Vs. Bhartia Steel and Engineering Co. Pvt. ...

Court : Kolkata

1 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 APD44of 2015 With EOS No.58 of 1987 DINA NATH PAROLIA & ANR. -Vs.BHARTIA STEEL & ENGINEERING Co.PVT.LTD.For the appellants : Mr.Jishnu Saha, Sr.Advocate, Mr.Ishan Saha, Advocate, Mr.Nikunj Berlia, Advocate. For the respondents : Mr.Arindam Mukherjee, Advocate, Mr.Ashok Kumar Awasthi, Advocate, Mr.Aishwarya Kr. Awasthi, Advocate. Heard on : 21.09.2016, 26.09.2016, 02.11.2016, 21.11.2016, 23.11.2016, 01.12.2016, 06.12.2016, 08.12.2016, 15.12.2016, 19.12.2016, 10.01.2017, 18.01.2017, 25.01.2017, 15.02.2017, 23.02.2017, 07.03.2017, 14.03.2017, 21.03.2017, 23.03.2017, 06.04.2017, 20.04.2017 & 25.04.2017. Judgment on : 27.07.2017. SANKAR ACHARYYA, J. Defendants-appellants have preferred this appeal against the plaintiff-respondent challenging the judgment and decree dated 09.12.2014 of eviction of appellants from the suit prop...

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Jul 26 2017 (HC)

and Vs. M/S. Multichem

Court : Kolkata

ORDER SHEET C.P.No.522 of 2014 IN THE HIGH COURT AT CALCUTTA Original Jurisdiction ORIGINAL SIDE IN THE MATTER OF: CAPRICORN OILS LIMITED -ANDVersus M/S.MULTICHEM BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 26th July, 2017. Appearance: Mr.Supratim Laha, Adv.Mr.Sounak Sengupta, Adv.Ms.Debanjana De, Adv.For the petitioning creditor Mr.Priyankar Saha, Adv.Mr.Amritam Mondal, Adv.For the respondent The Court : This is a winding up application, at the stage of admission. The claim of the petitioning creditor is founded on goods, namely, activated carbon, activated bleaching earth sold by them to the respondent company between 7th April, 2012 and 5th May, 2012. Their claim is for Rs.4,08,318/-. The respondent company has raised only one defence. Its previous management was guilty of very serious wrongdoing against the company. The transaction in question was also part of this wrongdoing. There was no real transaction between the petitioner and the company and a false claim has been raised b...

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