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Delhi Court May 2013 Judgments

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May 31 2013

Vidur Impex and Traders Pvt. Ltd. and ors. Vs. Pradeep Kumar Khanna an ...

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % I.A. Nos. 20563/2012, 608/2013, 2049/2013 & 4433/2013 in CS(OS) 3195/2012 + Date of Decision:31. t May, 2013 # VIDUR IMPEX & TRADERS PVT. LTD. & ORS. ..... Plaintiffs Through: Mr. Sunil Gupta, Sr. Advocate with Mr. Manoj, Mr. Bijoy Kumar Jain & Mr. M.T. Reddy, Advocates VERSUS $ * PRADEEP KUMAR KHANNA & ORS. ..... Defendants Through: Mr. Sanjeev Anand, Mr. Yakesh Anand, Ms. Kajal Chandra, Ms. Sonam Anand, Mr. Nimit Mathur & Mr. Prateek Kumar, Advocates for D-1(i-iii) Dr. Abhishek Manu Singhvi, & Mr. Sanjay Jain, Sr. Advocates with Mr. M.S. Vinaik, Ms. Ruchi Jain & Mr. Deepak Bashta, Advocates for D-2 CORAM: HON'BLE MR. JUSTICE P.K.BHASIN P.K.BHASIN, J: Six plaintiffs in this suit are private limited Companies and they claim to have purchased property no. 21, Aurangzeb Road, New Delhi(hereinafter to be referred to as the suit property) from its erstwhile owner late Shri Pradeep Kumar Khanna(who is being represented in this suit by his widow an...


May 31 2013

Schenker India Pvt. Ltd. Vs. Searir Transport System

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: May 31, 2013 + Arb.P.No.95/2013 SCHENKER INDIA PVT LTD ..... Petitioner Through Mr.Ashutosh Dubey, Adv. with Mr.Abhishek Chauhan, Adv. versus SEARIR TRANSPORT SYSTEM ..... Respondent Through Mr.Rakesh K.Gupta, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner has filed the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) for appointment of sole Arbitrator. The facts as per the petition read as under:(i) The petitioner and the respondent entered into a Cargo Sales Agency Agreement dated 1 st February, 1999 for facilitating business transactions, pertaining to ocean import, ocean export and air import shipments, wherein the respondent Company was to be acting for the petitioner in the State of Punjab. (ii) The agreement was terminated by mutual consensus vide e-mail dated 12th May, 2011, thereby stating the date of term...


May 31 2013

Ravinder Manchanda and ors. Vs. Rajnish Aggarwal and ors.

Court: Delhi

Decided on: May-31-2013

* HIGH COURT OF DELHI AT NEW DELHI + F.A.O. No.146 of 2013 & C.M. No.4806/2013 (for stay) Decided on :31. t May, 2013 DELHI & DISTRICT CRICKET ASSOCIATION Appellants Through: Mr. Maninder Singh, Sr. Advocate with Mr. P.D. Gupta & Ms. Sunita Tiwari, Advocates. Versus RAJNISH AGGARWAL & ORS. Respondents Through: Mr. N.N. Aggarwal, Mr. Rohit Gandhi & Mr. Varun Garg, Advocates for R-1 & 2. Mr. V.P. Singh, Senior Advocate with Mr. Harikishan, Advocate for R-2 to 7. Mr. Tanuj Khurana, Advocate for R-12. WITH + F.A.O. No.145 of 2013 & C.M. No.4803/2013 (for stay) RAVINDER MANCHANDA & ORS. Appellants Through: Mr. V.P. Singh, Senior Advocate with Mr. Harikishan, Advocate. Versus RAJNISH AGGARWAL & ORS. Respondents Through: Mr. N.N. Aggarwal, Mr. Rohit Gandhi & Mr. Varun Garg, Advocates for R-1 & 2. Ms. Ritika Godhwani, Advocate for R-5. Mr. Tanuj Khurana, Advocate for R-7. Mr. Maninder Singh, Sr. Advocate with Mr. P.D. Gupta & Ms. Sunita Tiwari, Advocates for R-16. CORAM: HONBLE MR. JUSTICE V.K...


May 31 2013

P.L. Kalra Vs. Braham Dutt Saini

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :23. d April, 2013 Judgment delivered on:31. t May, 2013 % + Arb.P.No.103/2012 P.L. KALRA .....Petitioner Through Mr. Neeraj Jain, Adv. versus BRAHAM DUTT SAINI Through .....Respondent Mr. Shalabh Gupta,Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The abovementioned petition has been filed by the petitioner under Section 11of the Arbitration & Conciliation Act, 1996 for appointment of Arbitrator (hereinafter referred to as the Act).2. Brief facts as mentioned in the petition are that the petitioner is the owner of the property bearing not Z-45/2, Okhla Industrial Area, Phase-II, New Delhi. By agreement dated 1st July, 1999, the petitioner let out the covered space measuring 2330 Sq.ft. out of the total covered area of the said property to the respondent for the purposes of running his factory for dyeing and packaging. The respondent was to pay a sum of `9,000/- per month along with the increase of 10%...


May 31 2013

Meena Premchandani Vs. Govt. of Nct of Delhi and ors.

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % W.P.(C) No. 3732/2013 & CM Nos. 6984-85/2013 31st May, 2013 MEENA PREMCHANDANI Through: ......Petitioner Mr. Nitin Thakur, proxy counsel for Mr. Sachin Chauhan, Advocate. VERSUS GOVT. OF NCT OF DELHI & ORS. ...... Respondents Through: Mr. Sanjay Ghose, Advocate for R-2 and R3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? Yes VALMIKI J.MEHTA, J (ORAL) 1. This writ petition impugns the order dated 12.4.2013 of the Sindhi Academy, which is represented by respondent nos. 2 and 3. By the impugned order Sindhi Academy has appointed Mr. A.K.Hajelay, Advocate as an Enquiry Officer. Challenge is laid to the factum of appointment of a person who is not an employee of the organization-M/s Sindhi Academy as an Enquiry Officer and that the Enquiry Officer has to be a public servant which the Enquiry Officer is not.2. This case was argued yesterday and matter was listed today for further directions including on the asp...


May 31 2013

Commissioner of Income Tax Vs. M/S Delhi Press Patra Prakashan

Court: Delhi

Decided on: May-31-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:31. 05.2013 ITA 1732/2006 COMMISSIONER OF INCOME TAX ....Appellant versus M/S DELHI PRESS PATRA PRAKASHAN .Respondent ITA 1733/2006 COMMISSIONER OF INCOME TAX ..... Appellant versus M/S DELHI PRESS PATRA PRAKASHAN ..... Respondent ITA 1734/2006 COMMISSIONER OF INCOME TAX ..... Appellant versus M/S DELHI PRESS PATRA PRAKASHAN ..... Respondent ITA 451/2010 COMMISSIONER OF INCOME TAX-IV ..... Appellant versus M/S DELHI PRESS PATRA PRAKASHAN LTD ..... Respondent ITA 779/2010 COMMISSIONER OF INCOME TAX-IV ..... Appellant versus M/S DELHI PRESS PATRA PRAKASHAN LTD ..... Respondent Advocates who appeared in this case: For the Appellant : Mr N.P. Sahni. For the Respondent : Mr O.P. Dua, Sr. Adv. with Ms Babita CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J 1.These are appeals which have been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (hereinafter refer...


May 31 2013

Bharat Sanchar Nigam Ltd. Vs. M/S. Anand Brothers Pvt. Ltd. and anr.

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Order Reserved on:13. h May, 2013 Order Pronounced on:31. t May, 2013 % + CS(OS) No.3023/2012 & I.A.No.20669/2012 BHARAT SANCHAR NIGAM LTD ..... Plaintiff Through Mr.R.V.Sinha, Adv. with Ms.Sangeeta Rai, Adv. versus M/S ANAND BROTHERS PVT LTD & ANR ..... Defendants Through Mr.Gurmehar S.Sistani, Adv. for D-1. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The plaintiff/objector, Bharat Sanchar Nigam Ltd. has filed the objections under Sections 30 & 33 of the Arbitration Act, 1940 for settingaside the Award dated 25th June, 2010 passed by the sole Arbitrator.2. Brief facts are that the agreement No.45/DO/(E)-II/1989-90 for carrying out the work called P/I Automatic Wet Riser Fire Fighting System at T.E. Building, Chanakyapuri, New Delhi was executed by and on behalf of the Union of India and defendant No.1. Consequent upon the formation of Bharat Sanchar Nigam Ltd. w.e.f. 1st October, 2000 in terms of the policy decision of the C...


May 31 2013

ishvakoo (India) Pvt. Ltd. Vs. National Projects Construction Corporat ...

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:13th May, 2013 Judgment Pronounced on:31. t May, 2013 % + O.M.P. No.1098/2012 ISHVAKOO (INDIA) PVT LTD ..... Petitioner Through Mr.Maninder Singh, Sr.Adv. with Ms.Lakshmi Gurung, Adv. versus NATIONAL PROJECTS CONSTRUCTION CORPORATION LTD ..... Respondent Through Mr.Santosh Kumar, Adv. with Mr.Madhurendra Sharma, Adv. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The abovementioned petition has been filed by the petitioner under Section 14 of the Arbitration and Conciliation Act, 1996 (in short, called the Act) seeking directions to terminate the mandate of the sole Arbitrator.2. The petitioner is a private company, whose registered office is in New Delhi. The Board has authorized the CMD, Mr.Kamal Radhu to represent the Company. The respondent is a public sector company, also having its registered office in New Delhi. The present petition is with regards the termination of the mandate of Mr.K.K.Gupta, the Ch...


May 31 2013

Devender Singh @ Roxy Vs. State (Nct of Delhi)

Court: Delhi

Decided on: May-31-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:29. h May, 2013 Date of Decision:31. t May, 2013 % + BAIL APPLN. 668/2013 DEVENDER SINGH @ ROXY ..... Petitioner Through: Mr. O.N. Sharma and Mr. Sanjay Kumar, Advocates. versus STATE (NCT OF DELHI) Through: ..... Respondent Ms. Jasbir Kaur, APP along with SI Rajesh Kumar Singh, P.S. Naraina. CORAM: MR. JUSTICE R.V. EASWAR JUDGMENT R.V. EASWAR, J.:1. This is an application for anticipatory bail filed under section 438 of the Cr.P.C. by Devender Singh @ Roxy in case FIR No.72/2013 registered in P.S. Naraina under section 379/ 411/ 201/ 34 of the IPC.2. According to the prosecution, an FIR was registered at the instance of one Ravinder Singh who complained that his Maruti Van bearing not DL-2CAF-4520 which was parked under the Naraina flyover was stolen. Based on the FIR, the police arrested a person by name Makdoom on 22.03.2013 from Mayapuri. Two other persons by name Narender Singh and Mahinder Singh, who were the brothers of the a...


May 31 2013

Delhi and District Cricket Association Vs. Rajnish Aggarwal and ors.

Court: Delhi

Decided on: May-31-2013

* HIGH COURT OF DELHI AT NEW DELHI + F.A.O. No.146 of 2013 & C.M. No.4806/2013 (for stay) Decided on :31. t May, 2013 DELHI & DISTRICT CRICKET ASSOCIATION Appellants Through: Mr. Maninder Singh, Sr. Advocate with Mr. P.D. Gupta & Ms. Sunita Tiwari, Advocates. Versus RAJNISH AGGARWAL & ORS. Respondents Through: Mr. N.N. Aggarwal, Mr. Rohit Gandhi & Mr. Varun Garg, Advocates for R-1 & 2. Mr. V.P. Singh, Senior Advocate with Mr. Harikishan, Advocate for R-2 to 7. Mr. Tanuj Khurana, Advocate for R-12. WITH + F.A.O. No.145 of 2013 & C.M. No.4803/2013 (for stay) RAVINDER MANCHANDA & ORS. Appellants Through: Mr. V.P. Singh, Senior Advocate with Mr. Harikishan, Advocate. Versus RAJNISH AGGARWAL & ORS. Respondents Through: Mr. N.N. Aggarwal, Mr. Rohit Gandhi & Mr. Varun Garg, Advocates for R-1 & 2. Ms. Ritika Godhwani, Advocate for R-5. Mr. Tanuj Khurana, Advocate for R-7. Mr. Maninder Singh, Sr. Advocate with Mr. P.D. Gupta & Ms. Sunita Tiwari, Advocates for R-16. CORAM: HONBLE MR. JUSTICE V.K...


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