Calcutta High Court Weekly Round-Up: September 4 To September 10, 2023

NOMINAL INDEXSarat Chatterjee and Co. (VSP) Private Limited v Sri Munisubrata Agri International Limited (Formerly known as LMJ International Ltd.) and Anr. 2023 LiveLaw (Cal) 259Birendra Nath Mondal Vs State Of West Bengal And Ors 2023 LiveLaw (Cal) 260Zainul Haque v State of WB & Ors 2023 LiveLaw (Cal) 261Abhijit Das Vs. State of West Bengal & Anr 2023 LiveLaw (Cal) 262Biswajit Mukherjee v The State of West Bengal & Ors. 2023 LiveLaw (Cal) 263Kalyan Panda & Ors. Vs. The State of West Bengal & Anr 2023 LiveLaw (Cal) 264Rajiv Kumar Sing alias Chotu Sing v The State of West Bengal 2023 LiveLaw (Cal) 265Mrs. Nidhi Kedia Nee Chokhani v Sri Abhyudaya Kedia 2023 LiveLaw (Cal) 267Nitya Gopal Pal & Anr. v The State of West Bengal 2023 LiveLaw (Cal) 268Sukalyan Haldar v State of WB & Ors 2023 LiveLaw (Cal) 269Siddhi Vinayake Puja Committee & anr v State of WB & ors 2023 LiveLaw (Cal) 270Animesh Biswas Vs. State of West Bengal 2023 LiveLaw (Cal) 271Prashant Bothra and another Vs. Bureau of Immigration and others 2023 LiveLaw (Cal) 271. Security Offered By An Award-Debtor For Stay Of Arbitral Award Must Be ‘Clean, Unblemished With Good Exchange Value’: Calcutta High CourtCase: Sarat Chatterjee and Co. (VSP) Private Limited v Sri Munisubrata Agri International Limited (Formerly known as LMJ International Ltd.) and Anr.Citation: 2023 LiveLaw (Cal) 259The Calcutta High Court has recently held that the security furnished by an award-debtor for stay of an arbitral award must be “clean, unblemished and with good exchange value.”In refuting the arguments of the applicants, while expressing its insecurity about the security proposed by them, a single-bench of Justice Moushumi Bhattacharya held:The Court is empowered to impose conditions on the award-debtor who seeks stay of an Award and must look to the provisions of the CPC for taking recourse to the principles for grant of stay of a decree or order. The Court must simply ensure that the security offered by the award-debtor has good currency value and is not an empty reassurance given by the award-debtor on a speculated value of unsold goods. The limited protection by the Division Bench for sale of the 10,000 MTs of Met Coke in 2015 cannot be resurrected after years to urge that the award-holder stands secured to the extent of the projected sale value of the goods amounting to Rs. 45 crores. Besides the uncertainties listed above, the 10,000 MTs of Met Coke has admittedly not been sold till date and even the sale was mired in litigation.2. "PIL Not Genuine": Calcutta High Court Dismisses Plea Claiming Illegal Immigrants From Bangladesh Included In Indian Voters ListCase: Birendra Nath Mondal Vs State Of West Bengal And OrsCitation: 2023 LiveLaw (Cal) 260The Calcutta High Court has dismissed a PIL challenging the inclusion of certain alleged ‘illegal immigrants’ from Bangladesh, residing in Bagdah, North 24 parganas in Indian voters' list published by the Election Commission of India.In dismissing the PIL, a division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya held:“This is not a genuine PIL, because petitioner has certain private grievances against the private respondents regarding immovable property, which is subject matter of a criminal case, which is pending. In light of the above we are not convinced that the present petition is a PIL. Another prayer is for deletion of private respondents from the voter list, alleging that they are Bangladeshi nationals. However, this prayer cannot be granted at this stage because the [panchayat] elections are already concluded after voter list having being drawn up. Petitioner will have liberty to approach the appropriate forum.”3. Calcutta High Court Orders DM To Probe Alleged Embezzlement Of Public Funds By Self-Help Group Tasked With Producing School UniformsCase: Zainul Haque v State of WB & OrsCitation: 2023 LiveLaw (Cal) 261The Calcutta High Court has dismissed a PIL challenging alleged embezzlement of public funds to the tune Rs 8.8 crores allocated to self-help group ‘Milan Mohila Mahasanga’ in Uttar Dinajpur, for manufacturing of school-uniforms.A division-bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya directed the District Magistrate to look into the allegations. It held,“Admittedly the project for supply of uniforms, is one of the State government. If there is any allegation of embezzlement of public funds, obviously, the authority shall look into the same. As we are disposing of the petition without calling for affidavits, and without going into the allegations made by the petitioner, we direct the DM, Uttar Dinajpur, to take into account the petitioners earlier representation, issue notice to parties and consider whether the allegations made by the petitioner are true or not. An order on the same be passed by the DM within 8 weeks from date.”4. Chargesheet Submitted 5 Yrs After Rape Allegations Were Withdrawn: Calcutta High Court Quashes Case Against Local...

Calcutta High Court Weekly Round-Up: September 4 To September 10, 2023

Srinjoy Das

Tags