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Delhi Court July 2013 Judgments

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Jul 30 2013

West Bengal State Electricity Distribution Com. Lt Vs. Central Electri ...

Court: Delhi

Decided on: Jul-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:30. 07.2013 CM Nos.11667/2012, 572/2013 in WP(C) No.4867/2012 GRIDCO LTD Through : ..... Petitioner Mr. Soli J.Sorabjee, Senior Advocate with Mr.R.K.Mehta, Mr. Antaryami Upadhyaya and Mr. Premjit Elangbam, Advocates. versus STATE OF ORISSA AND ORS Through : ..... Respondents Mr. G.E.Vahanvati, Attorney General Mr. S.B.Upadhyay, Senior Advocate with Mr. Pawan Upadhyay, Ms. Sharmila Upadhyay, Mr. Anupam Prasad & Ms. Tara Narula, Advs. CM No.12129/2012 WP(C) No.5396/2012 WEST BENGAL STATE ELECTRICITY DISTRIBUTION COM. LTD AND ANR. Through : ..... Petitioners Mr. Upamanyu Hazarika, Sr. Adv. with Mr. Sakya Sinha Chaudhari and Ms. Prerna Priyadarshini, Advs. versus CENTRAL ELECTRICITY REGULATORY COMMISSION AND ORS. Through : ..... Respondents Mr. G.E.Vahanvati, Attorney General, Mr. S.B.Upadhyay, Senior Advocate with Mr. Pawan Upadhyay, Ms. Sharmila Upadhyay, Mr. Anupam Prasad & Ms. Tara Narula, Advs. CM 11667/12, 572/13 in WP(C) 4867/1...


Jul 30 2013

The School Management Itl Public School Vs. Jai Prakash and anr.

Court: Delhi

Decided on: Jul-30-2013

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6414/2012 and CM 17074/2012 (Stay) % 30.07.2013 THE SCHOOL MANAGEMENT ITL PUBLIC SCHOOL ..... Petitioner Through Ms. Shobha, Ms. Jyoti Rana, Advocates versus JAI PRAKASH AND ANR. ..... Respondents Through Ms. Bandana Shukla, Advocate for Ms. Ruchi Sindhwani, Advocates for respondent No.2. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not? VALMIKI J.MEHTA, J (ORAL) 1. This writ petition impugns the order of the Delhi School Tribunal dated 27.8.2012 whereby the Tribunal set aside the order of the Management/communication of the petitioner-school dated 16.6.2009 stating that the probation period will not stand extended and the services of the respondent No. 1, as a probationer in the petitioner-school will stand terminated.2. Respondent No. 1 was appointed as a probationary teacher with the petitioner-school by letter dated 20.06.2007. Petitioner was appointed as a Physical Education Teacher. Para 1 of ...


Jul 30 2013

Cyrilla Builders and Constructions Limited and ors. Vs. --

Court: Delhi

Decided on: Jul-30-2013

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h July, 2013 + CO. PET. 105/2013 WITH C.A. (M) 184/2012 CYRILLA BUILDERS & CONSTRUCTIONS LIMITED & ORS. ......Petitioners Through: Mr. Ravi Bassi, Advocate for the Petitioners. Mr. K. S. Pradhan, Dy. Registrar of Companies for the Regional Director Mr. Rajiv Bahl, Advocate for the Official Liquidator. CORAM: HON'BLE MR. JUSTICE R.V.EASWAR R. V. EASWAR, J.: (ORAL) 1. This second motion joint petition has been filed under Section 391 ( 2 ) and 394 of the Companies Act 1956 (Act) by the Petitioners seeking sanction of the Scheme of Amalgamation (Scheme) among Cyrilla Builders & Constructions Limited, DLF New Gurgaon Homes Developers Private Limited, DLF New Gurgaon Offices Developers Private Limited and Valini Builders & Developers Private Limited (hereafter referred to as Transferor companies) with DLF Home Developers Limited (hereafter referred to as Transferee company) [hereafter collectively referred to as Petitioner ...


Jul 30 2013

Kulbhushan Mittal Vs. Anshuman Rastogi and anr

Court: Delhi

Decided on: Jul-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :30. h July, 2013 + CRL.M.C. 1766/2013 KULBHUSHAN MITTAL Through: ..... Petitioner Mr. D.N. Goburdhan, Mr. Balendu Shekhar & Mr. Aayush Chandra, Advs. versus ANSHUMAN RASTOGI & ANR Through: ..... Respondents Mr. M.N. Dudeja, APP for the State. CORAM: MR. JUSTICE S.P.GARG S.P.GARG, J.(ORAL) 1. The petitioner has filed the present petition under Section 482 Cr.P.C. for setting aside orders dated 14.08.2012 and 26.02.2013 whereby the complaint case filed by him against the respondents was dismissed.2. I have heard the learned counsel for the petitioner and have examined the file. Counsel urged that the Trial Court did not discuss the evidence adduced by the petitioner in the impugned order. The witnesses examined by him categorically deposed that the tenancy was transferred in the name of the petitioner, his mother and minor son Shivam and rent receipt Mark B dated 01.04.2005 was issued. Ren of `1944/- paid for the whole year by cheque ...


Jul 30 2013

Maharani Bagh Resident Welfare Association Vs. Mcd and ors

Court: Delhi

Decided on: Jul-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h July, 2013 % + RFA 30/2013 MAHARANI BAGH RESIDENT WELFARE ASSOCIATION Through: ..... Appellant Mr. Atul Nigam & Mr. Sumit Jidani, Advs. versus MCD AND ORS ..... Respondents Through: Mrs. Biji Rajesh for Mr. Gaurang Kanth, Adv. for MCD. Mr. Pawan Mathur, Adv. for DDA. Mr. Prakash Chandra, Adv. for R-3 to 8. CORAM: HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J CM No.729/2013 (of the appellant for condonation of 54 days delay in re-filing the appeal).1. Replies have been filed by the respondents no.3 to 8. The counsel for the respondents no.3 to 8 appears and has opposed the application.2. The counsels for the respondent no.1 MCD and the respondent no.2 DDA have not opposed the application.3. The counsel for the respondents no.3 to 8 has contended that even the filing of the appeal was beyond time.4. However the computation done by the Registry at the time of the first filing of the appeal shows the same to hav...


Jul 30 2013

Maharashtra State Electricity Distribution Co. Ltd Vs. Central Electri ...

Court: Delhi

Decided on: Jul-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on:30. 07.2013 + CM No.16060/2011 in W.P.(C) 7017/2011 MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. Through : ..... Petitioner Mr. Ravi Prakash and Mr. Varun Pathak, Advocates. versus CENTRAL ELECTRICITY REGULATORY COMMISSION AND ANR. Through : ..... Respondents Mr. G.E.Vahanvati, Attorney General, Mr. S.B.Upadhyay, Senior Advocate with Mr. Pawan Upadhyay, Ms. Sharmila Upadhyay, Mr. Anupam Prasad & Ms. Tara Narula, Advocates. Mr. M.Y.Deshmukh and Mr. Yatin M.Jagat, Adv. for R-3. CM Nos.11667/2012, 572/2013 in WP(C) No.4867/2012 GRIDCO LTD Through : ..... Petitioner Mr. Soli J.Sorabjee, Senior Advocate with Mr.R.K.Mehta, Mr. Antaryami Upadhyaya and Mr. Premjit Elangbam, Advocates. versus STATE OF ORISSA AND ORS Through : ..... Respondents Mr. G.E.Vahanvati, Attorney General Mr. S.B.Upadhyay, Senior Advocate with Mr. Pawan Upadhyay, Ms. Sharmila Upadhyay, Mr. Anupam Prasad & Ms. Tara Narula, Advs. CM No.12129/2012 WP(C) No.5396/...


Jul 30 2013

G.K.JaIn Vs. Pratap Builders and Contractors (P) Ltd.and anr.

Court: Delhi

Decided on: Jul-30-2013

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:30. h July, 2013 % + RFA 260/2003, CM No.590/2003 (u/O 4.R-27), CM No.10986/2010 (u/O 1.R-2) & CM No.23178/2010 (u/S 15.CPC). RAJESH KUMAR GUPTA ..... Appellant Through: Mr. Girish Aggarwal, Adv. versus PRATAP BUILDERS & CONTRACTORS (P) LTD. & ANR. .... Respondent Through: Mr. Rajinder Wali, Adv. for R-2. AND + RFA 275/2003, CM No.623/2003 (for filing addl. Documents) & CM No.6198/2011 (for taking affidavit on record). MAHABIR PARSAD GUPTA ..... Appellant Through: Mr. Girish Aggarwal, Adv. versus PRATAP BUILDERS & CONTRACTORS (P) & ANR Through AND + ..... Respondents RFA 297/2003 G.K.JAIN Through: ..... Appellant Mr. Sunil Lalwani, Adv. versus PRATAP BUILDERS & CONTRACTORS (P) LTD.& ANR. Through AND RFAs No.260/2003, 275/2003 , 297/2003 & 778/2003 + RFA 778/2003 SHAIL BALA Through: versus ..... Appellant Mr. Sunil Lalwani, Adv. PRATAP BUILDERS & CONTRACTORS (P) LTD. AND ORS. ..... Respondents Through CORAM :HONBLE MR. JUSTICE RA...


Jul 30 2013

National Insurance Company Ltd. Vs. Shadab and ors.

Court: Delhi

Decided on: Jul-30-2013

$~2,3 & 4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:30. h July, 2013 % + MAC.APP. 126/2010 NATIONAL INSURANCE COMPANY LTD. Through: ..... Appellant Ms.Neerja Sachdeva, Advocate. Versus SHADAB AND ORS. ..... Respondents Through: None. AND + MAC.APP. 128/2010 NATIONAL INSURANCE COMPANY LTD. Through: ..... Appellant Ms.Neerja Sachdeva, Advocate. Versus MAROOF AND ORS. Through: ..... Respondents None. AND + MAC.APP. 129/2010 & CM No. 4066/2010 NATIONAL INSURANCE COMPANY LTD. Through: ..... Appellant Ms.Neerja Sachdeva, Advocate. Versus FAIZUL HAQUE AND ORS. Through: MAC.APP. Nos. 126,128 & 129/2010 ..... Respondents None. Page 1 of 6 CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. While dictating the judgment, it is noticed that in the memo of parties in MAC. Appeal No.126/2010, name of respondent No. 1 has been wrongly written as Shabad, though it should have been Shadab as has been mentioned in the claim petition bearing Suit No.716/08. Hence, the sa...


Jul 30 2013

M/S Atma Ram Properties Pvt. Ltd. Vs. M/S Allied Motors Ltd. and ors.

Court: Delhi

Decided on: Jul-30-2013

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1206/2009 M/S ATMA RAM PROPERTIES PVT. LTD. ..... Plaintiff Through: Mr. Sandeep Sethi, Senior Advocate with Mr. Ramesh Singh with Mr. Amit Sethi, Advocates versus M/S ALLIED MOTORS LTD. & ORS. ..... Defendants Through: Mr. Neeraj Kishan Kaul, Senior Advocate with Ms. Diya Kapur and Ms. Manjira Dasgupta, Advocates for defendant No.1. Mr. Rajesh Yadav, Advocate for defendants No.3 and 4. Reserved on:11. h July , 2013. Date of Decision:30. h July , 2013. % CORAM: HON'BLE MR. JUSTICE MANMOHAN JUDGMENT MANMOHAN, J I.A. 15081/2009 in CS(OS) 1206/2009 1. Present application has been filed by plaintiff under Order XII Rule 6 CPC seeking judgment on admission.2. This suit has been filed by the plaintiff seeking recovery of possession of the suit premises, for arrears and future damages for use and occupation against its tenant defendant no. 1-company through its Director, defendant no. 2 and also against defendant no. 3 and its partner defe...


Jul 30 2013

Shyam Bihari Singhal Vs. Bses Yamuna Power Ltd

Court: Delhi

Decided on: Jul-30-2013

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Reserve:22. 07.2013 Date of decision:30. 07.2013 + Ex. Appl.(OS) 14/2012 in EX.P. 3/2012 SHYAM BIHARI SINGHAL ..... Decree Holder Through Mr.Fanish K.Jain, Advocate versus BSES YAMUNA POWER LTD ..... Judgement Debtor Through Mr.Manish Srivastava, Advocate CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.Ex. Appl.(OS) 14/2012 & EX.P. 3/2012 1. This is an application under Section 144 of the Code of Civil Procedure, seeking restitution on behalf of the decree holder.2. The brief facts of the case are that the plaintiff is carrying on its business at its premises in Jhilmil Industrial Area, Shahdara, Delhi, and is using the connection installed by the defendant. The present suit was filed seeking decree of declaration declaring the inspection reports and the MTD report dated 14.7.1999 and the bill as null and void and a decree of permanent injunction be passed in favour of the plaintiff restraining the defendant from disconnecting the...


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