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Delhi Court July 2013 Judgments

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Jul 01 2013

Darpan Katyal Vs. M/S D.R.Donalds Promotors and Developers Pvt. Ltd.

Court: Delhi

Decided on: Jul-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: February 19, 2013 Judgment Pronounced on: July 01, 2013 + O.M.P. No.9/2012 DARPAN KATYAL Through ..... Petitioner Mr.Prabhjit Jauhar Adv. with Ms.Anupama Kaul, Adv. versus M/S D.R.DONALDS PROMOTORS AND DEVELOPERS PVT. LTD. & ORS ..... Respondents Through Mr.Rohit Varma, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. Mr.Darpan Katyal, petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 for grant of interim injunction against three respondents, namely, M/s D.R.Donalds Promotors and Developers Pvt. Ltd. respondent No.1, Mr.Deepak Sharma respondent No.2 and Mr.Ravi Kumar respondent No.3, thereby restraining them from creating any third party rights in the property bearing not HS-18, Sector-12, Pratap Vihar, Ghaziabad (U.P.) (hereinafter called the Suit Property).2. By order dated 6th January, 2012, the Court has passed ex parte order restraining the res...


Jul 01 2013

Steel Authority of India Ltd. Vs. Vale Australia Pty. Ltd.

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

M/S Pradeep Oil Corporation Vs. Northern Railways

Court: Delhi

Decided on: Jul-01-2013

.* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Pronounced on: July 01, 2013 + ARB.P. No.296/2012 M/S PRADEEP OIL CORPORATION ..... Petitioner Through Mr.Sakal Bhushan, Adv. versus NORTHERN RAILWAYS Through ..... Respondent Mr.Chandan Kumar, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner, M/s. Pradeep Oil Corporation was allotted lands measuring 41280 Sq. Ft., 62156 sq. ft. and 216.35 sq. ft., by the respondent for the purpose of constructing an oil depot at Rohtak Road, Shakur Basti, New Delhi vide conveyance deeds dated 15th January, 1975 and 3rd January, 1978.2. The respondent is the northern division of the Indian Railways, which is wholly run by the Ministry of Railways. These deeds contained an arbitration clause which reads, In the event of any question, dispute or difference arising under these presents or in connection with (except as to any matters the decision of which is specifically provided for by these presents), the same shall b...


Jul 01 2013

Satya Pal Gupta Vs. Sudhir Kumar Gupta

Court: Delhi

Decided on: Jul-01-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: + 1st July, 2013 CS(OS) 1399/2011 & IA No.12036/2011 (u/O 7 R-11) SATYA PAL GUPTA Through: ..... Plaintiff Mr. Kirti Uppal, Sr. Adv. with Mr. Nitesh Jain, Advs. Versus SUDHIR KUMAR GUPTA Through: ..... Defendant Mr. Anupam Srivastava, Adv. AND CS(OS) 1480/2011 + SUDHIR KUMAR GUPTA Through: ..... Plaintiff Mr. Anupam Srivastava, Adv. Versus S.P. GUPTA Through: ..... Defendant Mr. Kirti Uppal, Sr. Adv. with Mr. Nitesh Jain, Advs. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.This order/judgment is on IA No.12036/2011 of the defendant in CS(OS) No.1399/2011 under Order VII Rule 11 CPC and the impact if any thereof on CS(OS) No.1480/2011.2. Shri Satya Pal Gupta (SPG) has filed CS(OS) No.1399/2011 pleading:- (a). that SPG purchased half share of 2 storied house not K-115, Hauz Khas Enclave, New Delh016. constructed over land ad measuring 528 sq. yds from Mrs. Kamal Mathur wife of Mr. Gulab Singh Mathur vide ...


Jul 01 2013

M/S Sos Oil Seals Private Limited Vs. M/S Super Seals India Limited

Court: Delhi

Decided on: Jul-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Order Reserved on: March 06, 2013 Order Pronounced on: July 01, 2013 I.A. Nos.9820/2008 & 14658/2008 in CS (OS) No.2232/2006 M/S SOS OIL SEALS PRIVATE LIMITED ..... Plaintiff Through Mr.C.Mukund, Adv. with Mr.Gaurav Kumar Singh, Adv. versus M/S SUPER SEALS INDIA LIMITED ..... Defendant Through Ms.Anju Jain, Adv. with Mr. Hitesh Sachar, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. By this order, I propose to dispose of two applications under Order VI, Rule 17 read with Section 151 CPC; one filed by the plaintiff being I.A.No.14658/2008 for amendment of plaint, and second filed by the defendant being I.A.No.9820/2008 for amendment of written statement.2. The plaintiff has filed the abovementioned suit seeking permanent injunction restraining infringement of trademark SS logo, passing off, rendition of accounts and damages against the defendant.3. Firstly, I shall take up the application filed by the defendant being I.A....


Jul 01 2013

Pratika N. Rajgarhia Vs. State of Nct of Delhi

Court: Delhi

Decided on: Jul-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment Reserved on: June 08, 2013 Judgment Pronounced on: July 01, 2013 Bail Appl. No.1018/2013 & Crl.M.A. No.9321/2013 PRATIKA N. RAJGARHIA Through ..... Petitioner Mr.Sunil Mittal, Adv. with Mr.Jaibir Singh Nagar, Mr.Pawan Motla, Mr.Prevendra Kumar, Mr.Saurabh Balwani, Mr.Anshul Mittal & Mr.Ashwani Kumar, Advs. versus STATE OF NCT OF DELHI Through ..... Respondent Mr.Navin Sharma, APP for the State with I.O./Insp. Vivek Maheshwari, EOW. Mr.Arun Bhardwaj, Sr.Adv. with Mr.Madhav Khurana & Mr.Vishal Malhotra, Advs. for complainant. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner has filed the abovementioned application under Section 438 read with Section 482 Cr.P.C. for grant of anticipatory bail.2. The petitioner submits that Yes Bank had registered the FIR No.05/2012 only against Mr.N.K.Rajgarhia, alleging, inter alia, cheating, conspiracy and forging. He has not taken part in any illegal activity; misplaced...


Jul 01 2013

Vinod Kumar Vs. Tata Aig General Insurance Co.Ltd. and anr.

Court: Delhi

Decided on: Jul-01-2013

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:1st July, 2013 % + MAC.APP. 486/2007 VINOD KUMAR Through: ..... Appellant Mr.J.M.Kalia, Advocate. Versus TATA AIG GENERAL INSURANCE CO.LTD. & ANR. ..... Respondents Through: Mr. Sanjeev Ranjan for Mrs.Shantha Devi Raman, Advocate for Respondent No.1/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the instant appeal, the appellant is seeking enhancement of the compensation awarded by the learned Tribunal vide impugned award dated 02.02.2007, whereby the learned Tribunal has granted compensation in favour of the appellant as under: Spare parts Labour Charges etc. Mental suffering Total Compensation 2. : : : Rs. 4,100/Rs. 8,745/Rs.10,000/- : Rs.22,845/- Case of the appellant before the learned Tribunal was that on 06.12.2004 at about 12.30 or so in the night one Santro Car bearing No. DL2CH-7770 parked in the parking lot caught fire accidentally. The local police and Delhi Fire Serv...


Jul 01 2013

Smt. Kiran Diwania Vs. Financial Commissioner, Delhi and ors

Court: Delhi

Decided on: Jul-01-2013

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:01. 07.2013 LPA No. 1073/2011 SMT. KIRAN DIWANIA ... Appellant versus FINANCIAL COMMISSIONER, DELHI & ORS... Respondents Advocates who appeared in this case: For the Appellant : Mr Raj Singh Mathur with Mr B.S. Kharb For the Respondent Nos.1-4 : Ms Anjana Gosain For the Respondent No. 5 : Mr Sumit Chandra CORAM:HONBLE MR JUSTICE BADAR DURREZ AHMED, THE ACTING CHIEF JUSTICE. HONBLE MR JUSTICE SIDDHARTH MRIDUL JUDGMENT BADAR DURREZ AHMED, ACJ 1.This Letters Patent Appeal is directed against the judgment dated 08.11.2011 delivered by a learned single Judge of this court in WP (C) 7837/2008 (Kiran Diwania v. Financial Commissioner and Others). The matter pertains to the entry in the record of rights in respect of 50 bighas, 16 biswas of land in village Galibpur, Delhi. The appellant claims that her name alone should have been recorded in the record of rights under the Delhi Land Revenue Act, 1954. She claims that her name shoul...


Jul 01 2013

Pankaj Bajaj Vs. Meenakshi Sharma 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) 1114/2009, I.A. No.7817/2009 (u/O 3.R-1 & 2 CPC), I.A. No.7818/2009 (u/S 80(2) CPC), I.A. No.13653/2009 (of defendant no.1 u/O 7 R-11 CPC), I.A. No.15695/2012 (of defendant no.3 u/O 3.R-4 CPC), I.A. No.20017/2012 (u/O 1 R-10 CPC) & I.A. No.22188/2012 (of defendant no.1 u/O 3.R-4 CPC) PANKAJ BAJAJ Through: ..... Plaintiff Mr. Rakesh Tiku, Sr. Adv. with Mr. Sunil Mittal, Adv. Versus MEENAKSHI SHARMA & ORS. ..... Defendants Through: Mr. N.K. Kaul, Sr. Adv. with Mr. Chetan Sharma, Mr. Subodh Kr. Pathak, Mr. Mohit Agarwal, Mr. Anif Sikandar Mir & Mr. A. Chaterji, Advs. for D-1. Mr. Subrat Deb, Adv. for D-3 DDA along with Mr. Ravinder Kumar, Asstt. Director (Cooperative Societies), DDA Ms. Mridul Chawala, Adv. for D-5. Mr. Yeeshu Jain and Ms. Jyoti Tyagi, Advocates for D-6 L&DO. CORAM :HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J 1.The plaintiff has instituted the present suit; (i) for perpetu...


Jul 01 2013

Omicron Energy Solutions Pvt. Ltd. Vs. Imteyaz Anwar Siddiqui

Court: Delhi

Decided on: Jul-01-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment pronounced on: July 01, 2013 O.M.P. No. 864 of 2012 & I.A. No. 21399/2012 OMICRON ENERGY SOLUTIONS PVT. LTD. ..... Petitioner Through Mr.Amrendra Sharan, Sr.Adv. with Mr.Aseem Chandra and Mr.Vivek Singh, Advs. versus IMTEYAZ ANWAR SIDDIQUI ..... Respondent Through Mr.Maninder Singh, Sr. Adv. with Mr.M.Tarique Siddiqui, Adv. and Ms.Rakhshan Ahmed, Adv. CORAM: HON'BLE MR. JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.1. The petitioner in the instant matter is the Indian subsidiary of Omicron Electronics Asia Ltd., Hong Kong and was established in 2004. The parent company is Omicron Electronics GmbH (parent company incorporated in Vienna). The petitioner is a company which provides testing and diagnostic solutions for the electrical power industry.2. The respondent was initially employed by the petitioner as a Sales and Application engineer was later on promoted to the post of Area Sales Manager in 2007.3. The employment contract, dated 23...


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