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Delhi Court October 2013 Judgments

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Oct 22 2013

Manoj Yadava and ors. Vs. Praveen Kumar Sinha and ors.

Court: Delhi

Decided on: Oct-22-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 03, 2013 Judgment Pronounced on: October 22, 2013 W.P.(C) 3004/2010 MANOJ YADAVA & ORS Represented by: ..... Petitioners Mr.Paramjit Singh Patwalia, Sr.Advocate instructed by Mr.Arvind Nayyar, Mr.Pritpal Singh Nijjar, Mr.Pranav A.Kapoor, Advocates. Versus RAJIV TANDON & ORS Represented by: ..... Respondents Mr.Rajeeve Mehra, ASG assisted by Mr.Ankur Chibber and Mr.M.P.Singh, Advocates for UOI. Mr.Amitesh Kumar, Advocate with Mr.Mamta Tiwari, Advocate for private respondents. Mr.Sunny Choudhary, Advocate with Mr.C.D.Singh and Mr.Abhimanyu Singh, Advocates for State of M.P. W.P.(C) 5976/2010 UNION OF INDIA & ORS Represented by: ..... Petitioners Mr.Rajeeve Mehra, ASG assisted by Mr.Ankur Chibber and Mr.M.P.Singh, Advocates for UOI. Versus RAJIV TANDON & ORS Represented by: ..... Respondents Mr.Amitesh Kumar, Advocate with Mr.Mamta Tiwari, Advocate for R-1. Mr.Paramjit Singh Patwalia, Sr.Advocate instructed by Mr....


Oct 22 2013

Oswal Woollen Mills Ltd. Vs. Oswal Agro Mills Ltd.

Court: Delhi

Decided on: Oct-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:05. 08.2013 Pronounced on:22. 10.2013 + FAO (OS) 211/2007, C.M. No.16579/2008 (for release of amounts), 16580/2008 (for exemption) & 4443/2009 (for recording of statement) OSWAL WOOLLEN MILLS LTD. ..... Appellants Through: Sh. Pramod. B. Agarwala, Mr. Prashant Mehra and Mr. Apoorv Garg, Advocates. Versus OSWAL AGRO MILLS LTD. ..... Respondents Through: Mr. Rakesh Tiku, Sr. Advocate with Mr. Prakash Gautam and Mr. Vivek Ojha, Advocates. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI MR. JUSTICE S. RAVINDRA BHAT % 1. The present appeal is directed against the judgment and order of a learned Single Judge dated 17.04.2007 dismissing the appellants challenge to an award preferred under Sections 30 and 33 of the Arbitration Act, 1940.2. The brief facts are that on 30.03.1982, the Appellant - Oswal Woollen Mills Ltd. (hereinafter referred to as Oswal Woollen) entered into an agreement with the Respondent herei...


Oct 22 2013

Manoj Yadava and ors. Vs. Rajiv Tandon and ors.

Court: Delhi

Decided on: Oct-22-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 03, 2013 Judgment Pronounced on: October 22, 2013 W.P.(C) 3004/2010 MANOJ YADAVA & ORS Represented by: ..... Petitioners Mr.Paramjit Singh Patwalia, Sr.Advocate instructed by Mr.Arvind Nayyar, Mr.Pritpal Singh Nijjar, Mr.Pranav A.Kapoor, Advocates. Versus RAJIV TANDON & ORS Represented by: ..... Respondents Mr.Rajeeve Mehra, ASG assisted by Mr.Ankur Chibber and Mr.M.P.Singh, Advocates for UOI. Mr.Amitesh Kumar, Advocate with Mr.Mamta Tiwari, Advocate for private respondents. Mr.Sunny Choudhary, Advocate with Mr.C.D.Singh and Mr.Abhimanyu Singh, Advocates for State of M.P. W.P.(C) 5976/2010 UNION OF INDIA & ORS Represented by: ..... Petitioners Mr.Rajeeve Mehra, ASG assisted by Mr.Ankur Chibber and Mr.M.P.Singh, Advocates for UOI. Versus RAJIV TANDON & ORS Represented by: ..... Respondents Mr.Amitesh Kumar, Advocate with Mr.Mamta Tiwari, Advocate for R-1. Mr.Paramjit Singh Patwalia, Sr.Advocate instructed by Mr....


Oct 22 2013

Manoj Yadava and ors. Vs. Surendra Kumar Pandey and ors.

Court: Delhi

Decided on: Oct-22-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 03, 2013 Judgment Pronounced on: October 22, 2013 W.P.(C) 3004/2010 MANOJ YADAVA & ORS Represented by: ..... Petitioners Mr.Paramjit Singh Patwalia, Sr.Advocate instructed by Mr.Arvind Nayyar, Mr.Pritpal Singh Nijjar, Mr.Pranav A.Kapoor, Advocates. Versus RAJIV TANDON & ORS Represented by: ..... Respondents Mr.Rajeeve Mehra, ASG assisted by Mr.Ankur Chibber and Mr.M.P.Singh, Advocates for UOI. Mr.Amitesh Kumar, Advocate with Mr.Mamta Tiwari, Advocate for private respondents. Mr.Sunny Choudhary, Advocate with Mr.C.D.Singh and Mr.Abhimanyu Singh, Advocates for State of M.P. W.P.(C) 5976/2010 UNION OF INDIA & ORS Represented by: ..... Petitioners Mr.Rajeeve Mehra, ASG assisted by Mr.Ankur Chibber and Mr.M.P.Singh, Advocates for UOI. Versus RAJIV TANDON & ORS Represented by: ..... Respondents Mr.Amitesh Kumar, Advocate with Mr.Mamta Tiwari, Advocate for R-1. Mr.Paramjit Singh Patwalia, Sr.Advocate instructed by Mr....


Oct 22 2013

S.P.S. Rana Vs. National Seeds Corporation

Court: Delhi

Decided on: Oct-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.1316/2010 22nd October, 2013 % S.P.S. RANA Through: ..... Petitioner None. Versus NATIONAL SEEDS CORPORATION Respondent Through: Mr. Sudhir Kulshrestha, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. No one appeared for the petitioner yesterday. No one appears for the petitioner even today although it is 2.45 P.M. Record shows that after filing of the counter affidavit case has not been pursued by the petitioner and no rejoinder affidavit has been filed.2. By this writ petition, petitioner prayed for release of the terminal benefits including gratuity which were forfeited by the respondent corporation/employer.3. Counsel appearing for the respondent states that all amounts due to the petitioner have been paid except the gratuity which has been forfeited on account of loss caused to the employer. It is argued that this forfeiture can take place in terms of the...


Oct 22 2013

Manoj Yadava and ors. Vs. N.K.Mishra and ors.

Court: Delhi

Decided on: Oct-22-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 03, 2013 Judgment Pronounced on: October 22, 2013 W.P.(C) 3004/2010 MANOJ YADAVA & ORS Represented by: ..... Petitioners Mr.Paramjit Singh Patwalia, Sr.Advocate instructed by Mr.Arvind Nayyar, Mr.Pritpal Singh Nijjar, Mr.Pranav A.Kapoor, Advocates. Versus RAJIV TANDON & ORS Represented by: ..... Respondents Mr.Rajeeve Mehra, ASG assisted by Mr.Ankur Chibber and Mr.M.P.Singh, Advocates for UOI. Mr.Amitesh Kumar, Advocate with Mr.Mamta Tiwari, Advocate for private respondents. Mr.Sunny Choudhary, Advocate with Mr.C.D.Singh and Mr.Abhimanyu Singh, Advocates for State of M.P. W.P.(C) 5976/2010 UNION OF INDIA & ORS Represented by: ..... Petitioners Mr.Rajeeve Mehra, ASG assisted by Mr.Ankur Chibber and Mr.M.P.Singh, Advocates for UOI. Versus RAJIV TANDON & ORS Represented by: ..... Respondents Mr.Amitesh Kumar, Advocate with Mr.Mamta Tiwari, Advocate for R-1. Mr.Paramjit Singh Patwalia, Sr.Advocate instructed by Mr....


Oct 22 2013

Manoj Yadav and ors. Vs. Rajiv Tandon and ors.

Court: Delhi

Decided on: Oct-22-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 03, 2013 Judgment Pronounced on: October 22, 2013 W.P.(C) 3004/2010 MANOJ YADAVA & ORS Represented by: ..... Petitioners Mr.Paramjit Singh Patwalia, Sr.Advocate instructed by Mr.Arvind Nayyar, Mr.Pritpal Singh Nijjar, Mr.Pranav A.Kapoor, Advocates. Versus RAJIV TANDON & ORS Represented by: ..... Respondents Mr.Rajeeve Mehra, ASG assisted by Mr.Ankur Chibber and Mr.M.P.Singh, Advocates for UOI. Mr.Amitesh Kumar, Advocate with Mr.Mamta Tiwari, Advocate for private respondents. Mr.Sunny Choudhary, Advocate with Mr.C.D.Singh and Mr.Abhimanyu Singh, Advocates for State of M.P. W.P.(C) 5976/2010 UNION OF INDIA & ORS Represented by: ..... Petitioners Mr.Rajeeve Mehra, ASG assisted by Mr.Ankur Chibber and Mr.M.P.Singh, Advocates for UOI. Versus RAJIV TANDON & ORS Represented by: ..... Respondents Mr.Amitesh Kumar, Advocate with Mr.Mamta Tiwari, Advocate for R-1. Mr.Paramjit Singh Patwalia, Sr.Advocate instructed by Mr....


Oct 22 2013

Manoj Yadav and ors. Vs. Tapan Kumar Deka and ors.

Court: Delhi

Decided on: Oct-22-2013

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: October 03, 2013 Judgment Pronounced on: October 22, 2013 W.P.(C) 3004/2010 MANOJ YADAVA & ORS Represented by: ..... Petitioners Mr.Paramjit Singh Patwalia, Sr.Advocate instructed by Mr.Arvind Nayyar, Mr.Pritpal Singh Nijjar, Mr.Pranav A.Kapoor, Advocates. Versus RAJIV TANDON & ORS Represented by: ..... Respondents Mr.Rajeeve Mehra, ASG assisted by Mr.Ankur Chibber and Mr.M.P.Singh, Advocates for UOI. Mr.Amitesh Kumar, Advocate with Mr.Mamta Tiwari, Advocate for private respondents. Mr.Sunny Choudhary, Advocate with Mr.C.D.Singh and Mr.Abhimanyu Singh, Advocates for State of M.P. W.P.(C) 5976/2010 UNION OF INDIA & ORS Represented by: ..... Petitioners Mr.Rajeeve Mehra, ASG assisted by Mr.Ankur Chibber and Mr.M.P.Singh, Advocates for UOI. Versus RAJIV TANDON & ORS Represented by: ..... Respondents Mr.Amitesh Kumar, Advocate with Mr.Mamta Tiwari, Advocate for R-1. Mr.Paramjit Singh Patwalia, Sr.Advocate instructed by Mr....


Oct 22 2013

SachIn Bharadwaj Vs. Religare Securities Ltd. and anr.

Court: Delhi

Decided on: Oct-22-2013

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:22. 10.2013 + O.M.P. 254/2013 SACHIN BHARADWAJ ..... Petitioner Through: Mr Amit Gupta & Mr Dinesh Kumar, Advs. versus RELIGARE SECURITIES LTD & ANR ..... Respondents Through: Mr Rohit Puri, Adv. for R-1. Mr Abhishek Anand, Adv. for R-2. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J1 By virtue of the captioned petition, filed under Section 34 of the Arbitration & Conciliation Act, 1996 (in short the Act), read with various sections quoted in the petition, challenge is laid to the order dated 10.07.2012, passed by the arbitral tribunal (in short the tribunal).2. To be noted, the impugned order came to be passed by the tribunal on an application moved by the petitioner wherein, he sought a direction for keeping the arbitration proceedings in abeyance on account of allegations of fraud qua respondent No.1, which was subject matter of a writ petition filed in this court by a group of the investors. This wr...


Oct 22 2013

Autodesk Inc and anr. Vs. Arup Das and ors.

Court: Delhi

Decided on: Oct-22-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: Judgment delivered on: % + 09.09.2013 22.10.2013 CCP No.49/2011in CS(OS) No.947/2011 AUTODESK INC & ANR Through: ..... Petitioners Ms. Aarshia Behl, Advocate. versus ARUP DAS & ORS Through: ..... Respondents Ms. Anuradha Salhotra and Mr.Sumit Wadhwa, Advocates. CORAM: HONBLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.1. The petitioners had instituted CS (OS) No.947/2011 against two defendants. Later, defendant no 1 stood deleted from the array of parties on the application of the plaintiffs being I.A No.16146/2012, vide order dated 03.09.2012. The suit has been filed claiming injunction against infringement of the plaintiffs copyright, delivery up, rendition of accounts, damages etc, and the same is pending adjudication before this court. The case of the plaintiffs / petitioners is that the plaintiffs are software and digital content creation companies, with ownership of intellectual property rights in softwares for...


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