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Delhi Court July 2013 Judgments

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Jul 01 2013

Amci Pty. Ltd. Vs. Steel Authority of India Ltd. and anr.

Court: Delhi

Decided on: Jul-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Pronounced on : July 01, 2013 + FAO(OS) 210/2012 VALE AUSTRALIA PTY. LTD. Appellant Represented by: Mr.Arvind Nigam, Sr.Advocate instructed by Mr.Amit Sibal, Mr.Anirudh Das, Ms.Smarika Singh, Ms.B.S.Baby, Mr.Manu Krishnan, Advocates. versus STEEL AUTHORITY OF INDIA LTD. & ANR. .....Respondents Represented by: Mr.A.K.Ganguly, Sr.Advocate instructed by Mr.Parmatma Singh, Ms.Reeta Chaudhary, Mr.A.K.Panda, Mr.Jagmohan Sharma, Mr.Mayank Jain, Mr.Madhur Jain, Mr.Sharat Kapoor, Mr.Ashish Goswami, Advocates. And + FAO(OS) 214/2012 STEEL AUTHORITY OF INDIA LTD. & ANR. .....Appellants Represented by: Mr.A.K.Ganguly, Sr.Advocate instructed by Mr.Parmatma Singh, Ms.Reeta Chaudhary, Mr.A.K.Panda, Mr.Jagmohan Sharma, Mr.Mayank Jain, Mr.Madhur Jain, Mr.Sharat Kapoor, Mr.Ashish Goswami, Advocates. versus VALE AUSTRALIA PTY. LTD. Respondent Represented by: Mr.Arvind Nigam, Sr. Advocate instructed by Mr.Amit Sibal, Mr.Anirudh Das, Ms.Smarika Singh, Ms...


Jul 01 2013

Pradeep JaIn Vs. Ameena Begum and anr

Court: Delhi

Decided on: Jul-01-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t July, 2013 % + CS(OS) No.1869/2008 PRADEEP JAIN ..... Plaintiff Through: None. Versus AMEENA BEGUM & ANR ..... Defendants Through: Ms. Rakhsar Ahmed, Adv. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The plaintiff has sued for specific performance of an Agreement dated 27th May, 2008 of sale of property bearing not RZ-502/21-22 ad measuring 60 sq. yds. comprised in Khasra No.450, Tuglakabad Extension, New Delhi pleading:(a). that the defendants no.1 & 2 as owners in possession had agreed to sell the same to the plaintiff for a total consideration of Rs.22,10,000/- out of which the plaintiff paid a sum of Rs.2 lacs at the time of Agreement to Sell and the balance Rs.20,10,000/- was payable at the time of execution of sale documents and delivery of possession on or before 1st August, 2008; (b). that the plaintiff since 24th July, 2008 continuously approached the defendants for making the balance paymen...


Jul 01 2013

Gnct of Delhi Vs. Delhi Medical Technicians and Employees Associatio

Court: Delhi

Decided on: Jul-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: July 01, 2013 + W.P.(C) 2641/2010 GNCT OF DELHI Represented by: ..... Petitioner Ms.Avinash Ahlawat and Mr.Nitesh Kr.Singh, Advocates versus DELHI MEDICAL TECHNICIANS AND EMPLOYEES ASSOCIATION AND ANR. ..... Respondents Represented by: Mr.Rakesh Kumar Dudeja, Advocate CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE V.KAMESWAR RAO PRADEEP NANDRAJOG, J.(Oral) 1. Undisputed position is that the post of Laboratory Technician and Technical Assistant are feeder posts to the promotional post of Senior Laboratory Technician. All 3 posts came to be placed in the pay scale `4500-7000. Indeed, an anomalous situation came into existence because 2 feeder posts and the 1 promotional post were placed in the same pay scale.2. Issue came up as to what should be the pay scale in which Laboratory Technician and Technical Assistant need to be placed under the Assured Carrier Progression Scheme. The scheme in question, at the rele...


Jul 01 2013

Mps Limited Vs. Mrinal Zalpuri and anr

Court: Delhi

Decided on: Jul-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: May 07, 2013 Judgment Pronounced on: July 01, 2013 + ARB.P. No.406/2012 MPS LIMITED Through ..... Petitioner Mr.S.Mukerjee, Adv. with Mr.Vishrov Mukerjee, Adv. versus MRINAL ZALPURI Through ..... Respondent Mr.Sudhir Vats, Adv. with Ms.Swati Pandit, Adv. AND + O.M.P. No.854/2012 & I.A. No.18523/2012 MPS LIMITED Through ..... Petitioner Mr.S.Mukerjee, Adv. with Mr.Vishrov Mukerjee, Adv. versus MRINAL ZALPURI & ANR Through ..... Respondents Mr.Sudhir Vats, Adv. with Ms.Swati Pandit, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By this common order, I propose to decide both petitions filed by the petitioner. The petitioner, MPS Ltd. is a public company with its registered office in Chennai. It is involved in providing publishing solutions to national and international companies engaged in typesetting and data digitization services.2. The respondent No.1 is a former employee of the petitioner, who has ...


Jul 01 2013

Connaught Plaza Restaurants Pvt. Ltd. Vs. Mrs. Niamat Kaur

Court: Delhi

Decided on: Jul-01-2013

.* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: April 30, 2013 Judgment Pronounced on: July 01, 2013 + OMP No.341/2013 CONNAUGHT PLAZA RESTAURANTS PVT LTD ..... Petitioner Through Mr.Neeraj Kishan Kaul, Sr.Adv. with Mr.P.Nagesh, Mr.Ankit Jain and Mr.Anand M.Mishra, Advs. versus MRS.NIAMAT KAUR Through ..... Respondent Mr.Harish Salve, Sr.Adv. and Mr.Sandeep Sethi, Sr.Adv. with Ms.Prathiba M.Singh, Ms.Surbhi Mehta & Ms.Radhika Chopra, Advs. CORAM: HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The respondent herein Mrs.Niamat Kaur is the owner of the premises bearing not A-34, Khan Market, New Delhi admeasuring 2300 sq. feet comprising of the Ground, First and Second (Barsati) Floors (hereinafter referred to as said property). She had leased the said property to the petitioner under a registered lease agreement dated 12th February, 2001 (hereinafter referred to as the agreement) for a period of 9 years by setting up and operation of McDonalds restaurant who ha...


Jul 01 2013

Delhi Diocesan Trust Association Vs. Javed Malik and ors.

Court: Delhi

Decided on: Jul-01-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:1. t July, 2013 + RFA 492/2004 DELHI DIOCESAN TRUST ASSOCIATION ..... Appellant Through: Mr. Sunil Kumar Singh, Adv. Versus JAVED MALIK & ORS. ..... Respondents Through: None. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This appeal impugns the judgment and decree dated 14.07.2004 of the Court of Sh. O.P. Gupta, Additional District Judge, Delhi dismissing the Suit No.130/2002 filed by the appellant. Notice of the appeal was issued and vide ex parte ad interim order dated 04.10.2004, status quo with regard to possession as on that date was directed to be maintained by the parties till the next date of hearing. The said order was made absolute vide subsequent order dated 07.02.2005 when upon completion of the service of the respondent, the appeal was admitted for hearing. The respondent no.2 Mr. Samson Fradric died during the pendency of the appeal and his legal heirs were substituted vide order dated 09....


Jul 01 2013

Raju Kapoor Vs. Mangt. of M/S Janata Coop. Bank

Court: Delhi

Decided on: Jul-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: Judgment delivered on: % + 16.05.2013 01.07.2013 W.P.(C) 19823/2004 RAJU KAPOOR Through: ..... Petitioner Mr. H.K. Chaturvedi, Ms. Anjali Chaturvedi & Mohd. Aqil Saifi, Advocates. versus MANGT. OF M/S JANATA COOP. BANK Through: ..... Respondent CORAM: HONBLE MR. JUSTICE VIPIN SANGHI JUDGMENT VIPIN SANGHI, J.1. By the present writ petition preferred under Articles 226/227 of the Constitution of India, the petitioner seeks quashing of the award dated 27.03.2004 passed in I.D No. 163/1998 passed by Presiding Officer, Labour Court No. VI, Karkardooma Courts, Delhi (Labour Court for short). The impugned award answered the following reference made by the appropriate government on 22.01.1998 against the petitioner workman: Whether the services of Sh. Raju Kapoor have been terminated illegally and /or unjustifiably by the mgt. and if so, to what relief is he entitled and what directions are necessary in this respect? 2. The case o...


Jul 01 2013

M/S Ge Capital Services India Vs. Dr. Mohan Chaturbhuj Jhamvar and ors ...

Court: Delhi

Decided on: Jul-01-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t July, 2013 % + CS(OS) 2031/2011 M/S GE CAPITAL SERVICES INDIA ..... Plaintiff Through: Mr. Gaurav Gaur, Adv. Versus DR. MOHAN CHATURBHUJ JHAMVAR & ORS. ..... Defendants Through: Mr. Surender Chauhan, Mr. Sanjeeda Khurana & Mr. Anand Sharma, Advs. for D-1&2. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J IA No.3346/2012 (of the defendants No.1&2 for leave to defend) 1. The plaintiff has instituted this suit under Order 37 of the CPC on the basis of written Agreement, Personal Guarantees, Corporate Guarantees and Promissory Note, for recovery of Rs.1,36,48,930/- ,pleading: (i) that the defendant no.1 approached the plaintiff in the year 2007 for grant of loan for purchase of medical equipment being Bausch & Lomb Excimer Laser 217Z; (ii) that the plaintiff examined the said request of the defendant no.1 and informed the defendant no.1 of the terms and conditions on which loan could be sanctioned; (iii) that...


Jul 01 2013

Shanti Devi Vs. Mahi Prakash Sharma

Court: Delhi

Decided on: Jul-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Order delivered on: July 01, 2013 CM NO.9508/2013 in MAT. APP.83/2007 SHANTI DEVI ..... Petitioner Through Mr.S.S. Lingwal, Adv. versus MAHI PRAKASH SHARMA Through None. ..... Respondent CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.(ORAL) 1. By order dated 15th January, 2013, with the consent of the parties the disputes were referred to the Delhi High Court Mediation and Conciliation Centre. With the consent of the parties, Mr.Atul Bhuchar, Advocate was appointed as their Mediator. The meetings were held by the learned Mediator and ultimately the disputes and differences were resolved by amicable settlement. The terms and conditions of settlement were mentioned in para 5 of the settlement agreement dated 23rd January, 2013 which is signed by the petitioner, respondent and two sons of the parties namely Anuj @ Manoj Sharma and Sooraj @ Mohit Sharma. The said settlement is also signed by their respective counsel and Mediator.2....


Jul 01 2013

Sh. Lalit Mohan Madhan Vs. Icici Prudential Life Insurance Co. Ltd.

Court: Delhi

Decided on: Jul-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision:01. 07.2013 % CS(OS) No. 278/2008 SH. LALIT MOHAN MADHAN ..... PLAINTIFF Through: Mr. Raman Kapur, Sr. Advocate with Mr. Dhiraj Sachdeva & Mr. Ankur Gosain, Advocates versus ICICI PRUDENTIAL LIFE INSURANCE CO. LTD. ..... Defendant Through: Mr. Sanjay K. Chadha, Advocate with Mr. Sanjeev K. Sethi, Advocate CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(ORAL) 1. The suit has been preferred by the plaintiff-who is the sole proprietor of M/s Saraswati Construction company, to claim possession and mesne profits in respect of the second and third floors of property bearing No. B1/26-27, Community Centre, Janakpuri, New Delh058. (hereinafter referred to as the, suit property).2. The case of the plaintiff is that it is the owner and landlord of the suit property. The defendant ICICI Prudential Life Insurance Co. Ltd. approached the plaintiff for taking on lease the same, in all comprising of carpet area of 5810 sq. ft. The ...


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