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Allahabad Lucknow Court December 2014 Judgments

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Dec 17 2014

Reeta Srivastava Vs. District Magistrate, Lucknow and Another

Court: Allahabad Lucknow

Decided on: Dec-17-2014

By these proceedings, the petitioner seeks to question the legality of an order passed by the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (Securitisation Act). In the application which was filed before the District Magistrate, the second respondent pleaded that it had extended financial assistance in the amount of Rs.10 lacs to the borrowers who had executed a security agreement on 15 September 2005 against immovable property. The petitioner is a co-borrower. On a default committed by the borrowers, the second respondent stated that it had issued a demand notice on 24 June 2011 under Section 13(2) calling upon the borrowers to repay the entire dues in the amount of Rs.10,69,589/- within 60 days. According to the petitioner, on 1 September 2011, the second respondent affixed a possession notice on the property. The petitioner challenged the possession notice by filing a securitisation app...


Dec 16 2014

M/s. Agarwal Company Thru. Its Partner Manoj Agarwal Vs. Union of Indi ...

Court: Allahabad Lucknow

Decided on: Dec-16-2014

The Northern Railway had floated a tender on 24 June 2008 for the construction of quarters within its Shantipuram Railway Colony at Alambagh, Lucknow; for the replacement of old quarters and other ancillary work. The petitioner submitted a bid which was accepted on 3 July 2008. The total cost of the work envisaged is stated to have been Rs.8.70 crores. A formal contract agreement was entered into on 24 November 2008. In pursuance of the agreement, the petitioner is stated to have submitted a bank guarantee in the amount of Rs.43,52,470/-. The petitioner invoked the arbitration clause in terms of the arbitration agreement between the parties. Clause 64 of the Standard General Conditions of Contract in connection with Engineering Works contains an arbitration agreement. The record would indicate that the petitioner had submitted its claims to the competent authority by a letter dated 14 October 2013 (Annexure 8), raising the following claims :- 1. Loss of profit 15% of Balance work5,932,...


Dec 10 2014

Sundari Devi and Others Vs. Union of India Thru General Manager Northe ...

Court: Allahabad Lucknow

Decided on: Dec-10-2014

Anil Kumar, J. Heard Sri Jaspreet Singh, learned counsel for the appellants, Sri Ved Prakash, learned counsel for the respondent and perused the record. 2. By means of present appeal under Section 23 of the Railway Claim Tribunal Act, 1989, claimants/ appellants have challenged the judgment dated 24.12.2010 passed by Railway Claims Tribunal Lucknow Bench at Lucknow, dismissing the Claim Petition No. OA 0600676 ( Smt. Sundari Devi and others v. Union of India) . 3. Facts, in brief, as submitted by Sri Jaspreet Singh, learned counsel for the appellants are that on 10.11.2005 Sri Hardwari Lal Gupta, husband of the claimant no.1, after purchasing second class railway ticket no.00664 from Bhira Kheri railway station boarded Century Express to go to Lucknow. While he was on the way , thrown out from the said train by dacoits after looting him beyond Bhira towards Mailani as a result of which he went to coma due to anti-mortem head injury and died. 4. In view of the said factual background, a...


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