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Delhi Court April 2013 Judgments

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Apr 29 2013

Sardar Balvinder Singh and anr Vs. P.N Malhotra and ors

Court: Delhi

Decided on: Apr-29-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + I.As. 14393/2011 and 14387/2011 in CS(OS) 1742/2011 SARDAR BALVINDER SINGH & ANR ..... Plaintiffs Through: Mr. Mohit Chaudhary, Advocate with Ms. Pragya Singh, Advocate. versus P.N MALHOTRA & ORS ..... Defendants Through: Mr. Jitender Chaudhary, Advocate for defendants No.1 to 3. Ms. Shilpa Chohan, Advocate for defendant No.4. Reserved on:12. h April, 2013. Date of Decision:29. h April, 2013. % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J:1. Present applications have been filed by defendants under Order 39 Rule 4 CPC for vacation of the ad interim injunction order dated 22nd July, 2011.2. Ms. Shilpa Chohan, learned counsel for defendant No.4 contended that plaintiffs had falsely stated at the time of passing of the interim order dated 22nd July, 2011 that the entire suit property bearing No. L-II-80, Lajpat Nagar-II, New Delhi-110024 was a subject matter of the Agreement to Sell dated 28th July, 2008. She pointed out that the A...


Apr 29 2013

Ramu Vs. Management of Bengal Educational and Cultural Asso

Court: Delhi

Decided on: Apr-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:5. h March, 2013 Judgment delivered on:29. h April, 2013 % + W.P (C) No. 1709/2011 RAMU Through: .... Petitioner Mr. N.S. Dalal, Mr. D.P. Singh and Mr. Amit Rana, Advs. Versus MANAGEMENT OF BENGAL EDUCATIONAL AND CULTURAL ASSOCIATION AND ORS. ..... Respondents Through: Mr. Vinay Sabharwal, Adv. for R1. Mr. Bhupesh Narula and Mr. Ashish Gupta, Advs. for R3. AND + W.P (C) No. 1710/2011 SHEELA ..... Petitioner Through: Versus Mr. N.S. Dalal, Adv. THE MANAGEMENT OF BENGAL EDUCATIONAL AND CULTURAL ASSOCIATION AND ORS ..... Respondents Through: Mr. Vinay Sabharwal, Adv. for R1. Mr. Bhupesh Narula and Mr. Ashish Gupta, Advs. for R3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. In both the petitions, noted above, the facts and the impugned order are the same except the dates of termination of services, i.e., petitioner in W.P.(C) No. 1709/2011 was terminated on 15.05.2003 and petitioner in W.P.(C) No. 1710/2011 was term...


Apr 29 2013

Sanjay Chauhan and ors. Vs. Mcd and ors.

Court: Delhi

Decided on: Apr-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision April 29, 2013 + W.P.(C) 6924/2010 SANJAY CHAUHAN AND ORS Represented by: ..... Petitioners Mr.M.K Bhardwaj and Ms.Jagrati Singh, Advocates versus MCD AND ORS. Represented by: ..... Respondents Mr.Ajay Arora and Mr.Kapil Dutta, Advocates for R1 Mr.Raman Duggal, Advocate for R-2 to R-25 CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The present Writ Petition has been filed by one Sanjay Chauhan and seven others (the petitioners), challenging the order passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) dated 02.09.2009 in T.A No. 1028/2010 and order dated 20.09.2010 passed in R.A No. 247/2009 in T.A No. 1028/2010. The Tribunal vide its order dated 02.09.2009 allowed the T.A No. 1028/2010, which was filed by the respondents No. 2 to 25 challenging the seniority list dated 10.02.2005 in the grade of Upper Divisional Clerks (UDCs) in the Muni...


Apr 29 2013

Nirlon Ltd. Vs. M/S Union Bank of India and ors

Court: Delhi

Decided on: Apr-29-2013

-* THE HIGH COURT OF DELHI AT NEW DELHI + CS (OS) No. 2185/2001 Date of Decision:29. 04.2013 NIRLON LTD. ....Plaintiff Through: Mr. Anshu Mahajan, Adv Versus M/S UNION BANK OF INDIA & ORS Through: ...Defendant Ms. Manjula Gandhi, Adv CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.I.A. 12238/2006 (under Order XXXVII Rule 3(5) & 7, CPC) 1. This order disposes the application of the defendant seeking leave to defend the suit. The instant suit was filed by the plaintiff under Order XXXVII of the Code of Civil Procedure (for short the Code for recovery of Rs. 20, 92, 802. 40P/- (Twenty Lakhs Ninety Two Thousand Eight Hundred and Two Rupees and Forty Paise) along with pendent lite and future interest thereon at the rate of 18% per annum.2. The plaintiff is a public limited company registered under the Companies Act 1946 and is engaged in the business of the manufacture and sale of various kinds of conveyor belts, Nylon Tyre Cord Fabric, Nylon Industrial Fabric etc. Defendant nos. 1 and 2...


Apr 29 2013

Union of India and anr. Vs. Central Govt. Sag and ors.

Court: Delhi

Decided on: Apr-29-2013

$~5-8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Decision: April 29, 2013 W.P.(C) 1535/2012 UNION OF INDIA & ANR. Represented by: .....Petitioners Mr.Rajeeve Mehra, ASG with Mr.Ruchir Mishra and Mr.Ashish Virmani, Advocates versus CENTRAL GOVT. SAG & ORS. ..... Respondents Represented by: Mr.Nidhesh Gupta, Sr.Advocate with Mr.M.K.Ghosh and Mr.Tarun Gupta, Advocates W.P.(C) 2348/2012 UNION OF INDIA & ANR. Represented by: .....Petitioners Mr.Rajeeve Mehra, ASG with Mr.Ruchir Mishra and Mr.Ashish Virmani, Advocates versus D.L.VHORA & ORS. Represented by: ..... Respondents Mr.Sushil Kumar Malik, Advocate W.P.(C) 2349/2012 UNION OF INDIA & ANR. Represented by: .....Petitioners Mr.Rajeeve Mehra, ASG with Mr.Ruchir Mishra and Mr.Ashish Virmani, Advocates versus PPS GUMBER & ORS. Represented by: ..... Respondents Mr.Sushil Kumar Malik, Advocate W.P.(C) 2350/2012 UNION OF INDIA & ANR. Represented by: .....Petitioners Mr.Rajeeve Mehra, ASG with Mr.Ruchir Mishra and Mr.Ashish Virmani, ...


Apr 29 2013

Om Wati and ors. Vs. Ram Magan and ors.

Court: Delhi

Decided on: Apr-29-2013

* + IN THE HIGH COURT OF DELHI AT NEW DELHI MAC.APP. 854-57/2005 Judgment reserved on:1. t April, 2013 Judgment delivered on:29. h April, 2013 % OM WATI & ORS. ..... Appellants Through: Mr. Rajinder Gulati, Adv. Versus RAM MAGAN & ORS. ..... Respondents Through: Mr. Neeraj Sharma, Adv. for R3. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. Instant appeal has been preferred against the impugned order dated 08.07.2005, whereby ld. Tribunal has granted total compensation for an amount of Rs.10 Lac with interest thereon @ 8% per annum in favour of the appellants.2. This appeal has been filed mainly on the ground that the ld. Tribunal has erred in brushing aside the testimony of PW2 and PW3 and the documentary evidence regarding professional and agricultural income of the deceased which has been duly substantiated with various documentary evidence, which proves the expenses / lifestyle of the deceased.3. Mr. Rajinder Gulati, ld. Counsel appearing on behalf of the appellants has su...


Apr 29 2013

Atv Projects India Ltd. Vs. Indian Oil Corporation Ltd. and anr

Court: Delhi

Decided on: Apr-29-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:29. h April, 2013 % + LPA No.862/2004 ATV PROJECTS INDIA LTD. ..... APPELLANT Through: Mr. Shailesh K. Kapoor & Mr. Ajay Kumar, Advs. Versus INDIAN OIL CORPORATION LTD. & ANR.. RESPONDENTS Through: Mr. V.N. Koura, Adv. with Ms. Monia Aneja & Mr. Sumeet Benipal, Advs. for R-1. CORAM :HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This intra-court appeal impugns the judgment dated 09.07.2004 of the learned Single Judge allowing W.P.(C) No.4967/2003 preferred by the respondent no.1 Indian Oil Corporation Ltd. (IOCL). The said writ petition was filed by the respondent no.1 IOCL against the order dated 02.06.2003 of the respondent no.2 Sole Arbitrator, in an arbitration proceeding between the appellant and the respondent no.1 IOCL.2. The respondent no.2 was appointed as the Sole Arbitrator vide order dated 07.05.2002 of the Civil Judge (Senior Division) Panipat, Haryana in a petition under Sect...


Apr 29 2013

VipIn Aggarwal Vs. Mohinder Singh

Court: Delhi

Decided on: Apr-29-2013

* + HIGH COURT OF DELHI AT NEW DELHI F.A.O. No.197 of 2013 & C.M. Nos.6773-6776/2013 Decided on :29. h April, 2013 VIPIN AGGARWAL Through: Appellant Mr. H.K. Shekhar, Advocate. Versus MOHINDER SINGH Respondent CORAM: HONBLE MR. JUSTICE V.K. SHALI V.K. SHALI, J.(ORAL) C.M. No.6775/2013 (for exemption) Exemption allowed, subject to the deficiency being rectified. The application stands disposed of. C.M. Nos.6774/2013 & 6776/2013 These are the applications seeking condonation of delay in filing and re-filing the appeal. I have heard the learned counsel for the appellant. For the reasons stated in the applications, the same are allowed and delay in filing and re-filing the appeal is condoned as sufficient cause has been shown. The applications stand disposed of. F.A.O. No.197 of 2013 & C.M. No.6773/2013 (for stay) 1. This is an appeal filed by the appellant under Order XLIII Rule 1 (d) read with Sections 104 and 151 CPC against the order dated 26.5.2012 passed in M. No.62/2011 by virtue of...


Apr 29 2013

Pawan Kumar Goel Vs. Suresh Chander Gupta and anr.

Court: Delhi

Decided on: Apr-29-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 33/2013 % Date of Decision: April 29, 2013 PAWAN KUMAR GOEL ..... Petitioner Through Mr.Rajshekhar Rao with Mr.Ankur Mohindro, Advs. versus SURESH CHANDER GUPTA & ANR. ..... Respondents Through Mr.J.P.Sengh, Sr.Adv. with Mr.C.Prakash, Mr.Sumeet Batra & Ms.Ankita Gupta, Advs. CORAM: HON'BLE MS. JUSTICE VEENA BIRBAL VEENA BIRBAL, J.* 1. By this revision petition a challenge has been made to the order dated 18th October, 2012 passed by the learned Rent Controller, Delhi whereby the application of the petitioner/tenant under section 25B(5) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) seeking leave to contest the eviction petition under section 14(1)(e) read with section 25B of the Act, has been dismissed.2. Briefly the factual background is as under:A petition for eviction under section 14(1)(e) of the Act was filed by the respondent herein i.e., petitioner before the learned trial court. After the service of s...


Apr 29 2013

Ragubhir Saran Charitable Trust Vs. Standard Chartered Grindlays Bank ...

Court: Delhi

Decided on: Apr-29-2013

-* THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No. 37/2003 Date of Decision:29. 04.2013 RAGUBHIR SARAN CHARITABLE TRUST . Through: ....Plaintiff Mr. T. K. Ganju, Sr. Adv., Mr. Ranvir Singh, Ms. Shruti Singh, Mr. Tileshwar Prasad, Advs. Versus STANDARD CHARTERED GRINDLAYS BANK & ANR. ...Defendant Through: Mr.Sumit Bansal, Mr.A.Mathur, Advs. CORAM: HONBLE MR. JUSTICE M.L. MEHTA M.L. MEHTA, J.1. This is a suit for recovery of possession and mesne profits. The plaintiff in the instant case is a charitable trust duly constituted under the Indian Trusts Act, 1882 and is the landlord of the premises measuring 3900 sq. ft. on the ground floor and 1352 sq. ft. on the mezzanine floor, bearing Municipal No. 6143 situated on Block E, Circus D, Connaught Place, New Delhi (hereinafter suit premises). The possession of the suit premises having been taken over by the plaintiff, the suit only survives for the recovery of mesne profits/damages.2. The plaintiffs case is as follows. The plaintiff submit...


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