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Jul 25 2017 (HC)

Techprop Developers Private Limited Vs. Rose Valley Patrika Limited

Court : Kolkata

ORDER GA No.2382 of 2017 EC No.142 of 2017 CS No.118 of 2015 GA No.2341 of 2017 GA No.2095 of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction TECHPROP DEVELOPERS PRIVATE LIMITED Versus ROSE VALLEY PATRIKA LIMITED BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 25th July, 2017. Appearance: Mr.Aniruddha Chatterjee, Advocate Mr.Rahul Karmakar, Advocate Mr.U.Mullick, Advocate Mr.Sohan Banerjee, Advocate ...for the Applicant. Mr.Abhrajit Mitra, Sr.Advocate Mr.Jishnu Chowdhury, Advocate Mr.Sarvapriya Mukherjee, Advocate Mr.Aritra Basu, Advocate Mr.D.N. Chunder, Advocate ...for the Decree-Holder. A third party is resisting the decree. application has stated that the The applicant in this defendant was in financial distress and, in order to save the defendant, an arrangement was entered into between the plaintiff, the defendant and the applicant by which the editor and employees of the applicant were allowed to run a newspaper from the suit premises since 2014 and the dec...

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Jul 24 2017 (HC)

Delta International Ltd. and Ors. Vs. Smt. Nupur Mitra and Ors.

Court : Kolkata

ORDER SHEET CS No.151 of 2017 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE DELTA INTERNATIONAL LTD.& ORS.Versus SMT. NUPUR MITRA & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 24th July, 2017. Appearance: Mr.Ranjan Deb Sr.Adv.Mr.Kumar Gupta, Adv.Mr.Rohitendra Chandra Deb, Adv.Mr.Meghajit Mukherjee, Adv.The plaintiffs have filed a suit for specific performance of an agreement in the form of settlement between the parties. The plaintiffs have prayed for leave under Clause 12 of the Letters Patent. The relief under Clause 12 of the Letters Patent is discretionary. The court is also required to be satisfied that the suit is not barred by law. The plaintiffs were asked to satisfy about the maintainability of the suit in this court in the face of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI Act).The reason being the defendant nos.1 to 4 are trustees of Stresse...

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Jul 24 2017 (HC)

Pankaj Kumar Agarwal Vs. Omendra Kumar Chowdhury and Others

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE The Honble JUSTICE SANJIB BANERJEE And The Honble JUSTICE SIDDHARTHA CHATTOPADHYAY APO No.106 of 2017 With ACO No.158 of 2016 And ACO No.3 of 2017 In CP No.452 of 2013 LAXMI NARAYAN UDYOG LIMITED (IN LIQN) AND PANKAJ KUMAR AGARWAL -VERSUSOMENDRA KUMAR CHOWDHURY AND OTHERS For the Appellant: Mr Ratnanko Banerji, Sr Adv., Mr Reetobroto Kumar Mitra, Adv., Mr Sarosij Dasgupta, Adv., Mr Jayanta Samanta, Adv., Ms Sutapa Mitra, Adv. For the Respondents: Mr Mainak Bose, Adv., Mr Anurag Bagaria, Adv., Mr Aniruddha Poddar, Adv. For the Official Liquidator: Ms Ruma Sikdar, Adv. Hearing concluded on: July 18, 2017. Date: July 24, 2017. SANJIB BANERJEE, J.: The issue involved herein is simple, but the matter assumes a complex character in view of a seemingly well-settled order of a Division Bench of this court being found to have been rendered per incuriam by a subsequent Division Bench and the opinion of such subsequent Divi...

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Jul 24 2017 (HC)

Phonographic Performance Limited Vs. Tv Today Network Limited and Anr.

Court : Kolkata

GA No.2514 of 2015 CS No.135 of 2013 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE PHONOGRAPHIC PERFORMANCE LIMITED -VersusTV TODAY NETWORK LIMITED & ANR. Appearance: Mr.Abhrajit Mitra, Sr.Adv.Mr.Sarvapriyo Mukherjee, Adv.Mr.Satadeep Bhattacharyya, Adv.Mr.Sarajit Biswas, Adv...for the petitioner. Mr.Rudraman Bhattacharyya, Adv.Mr.Kanakendu Chatterjee, Adv.Ms.Moumita Sarkar, Adv.Mr.S.K.Bajoria, Adv...for the respondent. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 24th July, 2017. The Court : The plaintiff is a copyright society. The plaintiff from time to time has issued licence to the defendant no.1 to exploit the sound recordings of which the plaintiff is the assignee from the respective owners of such musical works. The plaintiff has disclosed documents showing assignment. The deeds of no.1 assignment are all on record. The defendant was broadcasting such musical work under a licence agreement issued in its favour and renewed from time to time. ul...

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Jul 24 2017 (HC)

Tata Steel Processing and Distribution Ltd. Vs. Ideb Projects Pvt. Ltd ...

Court : Kolkata

OD-21 GA No.2034 of 2017 APO No.334 of 2017 in CS No.29 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE TATA STEEL PROCESSING AND DISTRIBUTION LTD.Versus IDEB PROJECTS PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE And The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : July 24, 2017. Appearance: Mr.Malay Kr. Ghosh, Sr.Adv.Mr.Suman Dutta, Adv.Mr.Atish Ghosh, Adv.Mr.R.Mitra, Adv.Mr.Arindam Chandra, Adv.Mr.Rajsekhar Mantha, Sr.Adv.Ms.Soumashree Ghosh, Adv.Mr.Supratim Goon, Adv.The Court : The decree-holder questions the propriety of an order passed on a petition for setting aside an ex parte decree that found no grounds having been made out for the respondent herein not being represented before the suit Court; and yet unconditionally set aside the ex parte decree against payment of nominal costs. The facts are not in much dispute, though considerable time has been taken on behalf of the respondent to refer to matters that were wholly unnecessary in t...

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Jul 20 2017 (HC)

Smt. Sabita Roy and Ors. Vs. Shyamal Kumar Das and Ors.

Court : Kolkata

ORDER SHEET CS4of 2011 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. SABITA ROY & ORS. Versus SHYAMAL KUMAR DAS & ORS. BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date :20. h July, 2017. Appearance: Mr. Goutam Chakraborty, Adv. Mr. J.N. Manna, Adv. Mr. S. R. Bakshi, Adv. for the plaintiff The Court : This partition and administration suit is at the instance of Smt. Sabita Roy, Smt. Kabita Basak and Abhijit Khan, who claims to have 1/6th share each in the joint undivided property left by Smt. Mukta Bala Das. By an order dated 29th November, 2016 this Court recorded that plaintiff has complied with Courts earlier order dated 23rd September, 2016 whereby the parties were directed to effect disclosure, discovery and inspection of the documents. No one appeared on behalf of the defendants on 29th November, 2016. It was recorded that the defendants already admitted the immovable properties for its partition in their written statement. The matter was ...

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Jul 20 2017 (HC)

Smt. Gayatri Chowdhury Vs. Kolkata Municipal Corporation and Ors.

Court : Kolkata

ORDER SHEET WP NO.409/2017 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction ORIGINAL SIDE SMT. GAYATRI CHOWDHURY Versus KOLKATA MUNICIPAL CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE HARISH TANDON Date : 20th July, 2017. Appearance : Mr.Debasish Roy, Mr.Dibyendu Chatterjee, Mrs.Jhuma Chakraborty, Mr.Siddhartha Roy, Advs., for the petitioner. Mr.Barin Banerjee, Mr.Jugal Chandra Porel, Advs., for the KMC. Mr.Raghunath Chakraborty, Adv., for the private respondent. The Court : All along, the petitioner desperately tried to get rid of the order of demolition passed by the authority in filing frequent proceedings and even as a gasping resort, the present writ petition has been filed raising questions which were available to him before the fiRs.authority. The fact remains that the on the basis of a complaint lodged with the Corporation by the private respondent, a proceeding under Corporation Section Act, 1980 400(1) was of the initiated. Kolkata Before Municipal calling the p...

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Jul 19 2017 (HC)

Federal Bank Ltd. Vs. Saraf Impex Pvt. Ltd.

Court : Kolkata

OD-6 APO No.324 of 2017 ACO No.103 of 2014 in CP No.209 of 2013 IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE FEDERAL BANK LTD.Versus SARAF IMPEX PVT.LTD.BEFORE: The Hon'ble JUSTICE SANJIB BANERJEE And The Hon'ble JUSTICE SIDDHARTHA CHATTOPADHYAY Date : July 19, 2017. Appearance Mr.Rajsekhar Mantha, Sr.Adv.Ms.Soumashree Ghosh, Adv.Appellant Mr.Sudip Deb, Adv.Mr.Ashok Bhaumik, Adv.Respondent no.6 Mr.Prashant Kumar Tripathi, Adv..for the company The Court : The appeal arises out of an order of March 18, 2014 by which the company Court has refused to admit the appellants petition for winding up the company by finding that there was a modicum of defence indicated by the respondent company. By a letter dated January 22, 2013, the appellant claimed that a sum of Rs.2,45,12,292/- remained due and owing from the company as at January 21, 2013 together with interest at the rate of 22.50 per cent per annum with quarterly rests from January 22, 2013. The transactions pe...

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Jul 19 2017 (HC)

Bcl Secure Premises (P) Ltd. Vs. Metro Railway, Kolkata

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA Original Civil Jurisdiction Original Side A.P.No.374 of 2017 BCL Secure Premises (P) LTD.versus Metro Railway, Kolkata For the petitioners:- Mr.Mr.Mr.Mr.Jishnu Saha..Sr.Adv.Srinanda Bose Pankaj Agarwal J.D.Roy Advocates For the Respondent:- MRS.Aparna Banerjee Advocate Judgement On: - 19th July, 2017 I.P.MUKERJI, J. In this case, we are concerned with the interpretation and application of Section 12(5) of the Arbitration and Conciliation Act, 1996 read with its Seventh Schedule. Section 12 (5) is set out below: 12(5) Notwithstanding any prior agreement to the contrary, any person whose relationship, with the parties or counsel or the subject matter of the dispute, falls under any of the categories specified in the Seventh Schedule shall be ineligible to be appointed as an arbitrator: Provided that parties may, subsequent to disputes having arisen between them, waive the applicability of this sub-section by an express agreement in writing. The Seventh Sched...

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Jul 19 2017 (HC)

Trf Limited Vs. Damoder Valley Corporation and Ors.

Court : Kolkata

IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE GA1940of 2017 WITH CS38OF2014TRF LIMITED Versus DAMODER VALLEY CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE SAHIDULLAH MUNSHI Date : 19th July, 2017. For Plaintiff/ Respondent: Mr.Nirmallya Dasgupta, Advocate For Defendant/ Petitioner: Mr.Joydeep Kar, Sr.Advocate The Court :- GA1940of 2017 has been filed by the defendant No.1 Damodar Valley Corporation, constituted under Indian Electricity Act, 2003, seeking extension of time to file additional pleadings. Such extension has been prayed for a period of four weeks from the date. On the prayer of the plaintiff for amendment of the plaint an order dated 7.2.2017 was passed by this Court holding, inter alia, that the amendment was consequential in nature and, therefore, the application for amendment was to be allowed. The application for amendment was allowed subject to objection of limitation which was kept open to be raised in the additional pleadings. Such ...

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