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Delhi Court November 2014 Judgments

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Nov 07 2014 (HC)

M/S Steel Authority of India Ltd. Vs. Engineers Project India Ltd

Court: Delhi

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:07. 11.2014 W.P.(C) 3570/2012 & CM75352012 M/S STEEL AUTHORITY OF INDIA LTD. ..... Petitioner versus ENGINEERS PROJECT INDIA LTD ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr A. K. Ganguly, Sr. Advocate with Mr Amit Keshav, Mr Ashish Kumar and Mr George Varghese. For the Respondent : Mr J.P. Sengh, Sr. Advocate with Mr Manoj K. Das CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 M/s Steel Authority of India Ltd. (hereafter SAIL) impugns an appellate award dated 16.04.2012 passed by the Appellate Authority, whereby the appeal filed by the respondent Engineers Project India Ltd. (hereafter EPIL) against an award dated 16.05.2011 passed by the Sole Arbitrator, in terms of the dispute resolution mechanism under the Permanent Machinery of Arbitrators (hereinafter PMA), was allowed.2. The parties are Central Public Sector Enterprises of the Government of India and as per the executi...

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Nov 07 2014 (HC)

Mustafa Vs. Govt. of Nct of Delhi and anr

Court: Delhi

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:7. h November, 2014 + W.P.(C) 7564/2014 MUSTAFA ..... Petitioner Represented by: Mr. Pankaj Gupta, Advocate for Mr. N.S. Dalal, Advocate. versus GOVT. OF NCT OF DELHI & ANR ..... Respondents Represented by: Ms. Ferida Satarawala, Advocate CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) 1. Vide the instant petition, the petitioner seeks direction thereby directing the respondents to record Khasra Girdawari of the land of Khasra No.1091, measuring 2 bighas situated in the Revenue Estate of Village Satbari, New Delhi.2. For the said relief, the petitioner made an application before the Tehsildar, Hauz Khas, Mehruali, New Delhi on 24.12.2012. Thereto, Kanungo, Saket, filed its report vide report dated 13.02.2013. Another rerport dated 17.09.2013, was also submitted by kanungo, Saket.3. Fact remains that the application filed by the petitioner is still pending with the Revenue Assistant/Tehsildar.4. Keeping in...

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Nov 07 2014 (HC)

M/S Texmaco Ltd. Vs. Ch.Ramswaroop Wrestling Club and ors.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI C.R.P.157/2014 & C.M.No.18169/2014 (Exemption) 07th November, 2014 % M/S TEXMACO LTD. Through ..... Petitioner Mr.Dayanand Krishnan, Sr.Advocate with Mr.Sachin Datta, Advocate. versus CH.RAMSWAROOP WRESTLING CLUB & ORS. Through ..... Respondents CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. The present petition under Section 115 of Code of Civil Procedure Act, 1908 (CPC) impugns the order of the trial court dated 25.9.2014 by which the trial court has rejected an application filed by the petitioner/defendant no.2 under Order VII Rule 11 CPC.2. The limited issue which was required to be addressed for disposal of the said application was that the petitioner/defendant no.2 claimed that since the respondent no.1/plaintiff was an unregistered association on the date of filing of the suit, subsequent registration of the respondent no.1/ plaintiff as C.R.P.No.157/2014 page 1 of 4 a soc...

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Nov 07 2014 (HC)

Narender Pratap and anr. Vs. State of (Gnct Of) Delhi and ors.

Court: Delhi

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:7. h November, 2014 + W.P.(C) 7519/2014 NARENDER PRATAP & ANR. Represented by: .... Petitioners Mr.Ritesh Khatri, Advocate. Versus STATE OF (GNCT OF) DELHI & ORS. Represented by: ..... Respondents Mr.Vinod Wadhwa and Ms. Nanidini Aggarwal, Advocates for Respondents No.1, 2 and 5. Ms.Mrinalini Sen and Ms.Mrinmoi Chatterjee, Advocates for Respondent No.3. Ms. Mansi Gupta, Advocate for Respondent No.4. CORAM: HONBLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.(Oral) CM No.17777/2014 (for exemption) Exemptions allowed, subject to all just exceptions. The application stands disposed of. W.P.(C) 7519/2014 1. Vide the present petition, the petitioners seek directions thereby directing the respondents No.1, 2 and 5 to forthwith take steps to stop illegal and unlawful activities of constructions and encroachment going on over Khasra Nos. 1152/73 and 1153/73 of Village Madanpur Khadar, Delhi-76.2. Learned counsel appearing on behalf...

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Nov 07 2014 (HC)

Sh.Naveen Kumar Mittal Vs. M/S Pritam Electric Company

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI C.M.(M) No.853/2013 & C.M.No.13148/2013 (Stay) 07th November, 2014 % SH.NAVEEN KUMAR MITTAL Through versus ..... Petitioner Mr.Kumar Vikram, Advocate. M/S PRITAM ELECTRIC COMPANY ..... Respondent Through Mr.Ajay Bahl, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This petition under Article 227 of the Constitution of India impugns the order of the trial court dated 06.8.2013 by which the trial court struck off the defence of the petitioner/defendant/tenant because of non-compliance by the petitioner/defendant/tenant of the order to file all documents submitted by the petitioner/defendant/tenant signed in Hindi to the Governmental authorities between the years 1993-2006.2. The disputes with respect to submitting of signatures of the petitioner/defendant/tenant to the Governmental authorities arose because the petitioner/defendant/tenant disputed his signatures on the re...

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Nov 07 2014 (HC)

Deepak Gupta and ors. Vs. Delhi Development Authority and anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Ex. F.A No.15/2014 7th November, 2014 % DEEPAK GUPTA & ORS. Through: ......Appellants Mr. S.D.Dixit, Advocate. VERSUS DELHI DEVELOPMENT AUTHORITY & ANR. ...... Respondents Through: Mr. Padam Kant Saxena, Adv. for R1. Mr. Sandeep Sethi, Sr. Adv. with Mr. Akhil Sibal, Mr. Dhruv Kapur, Mr. Vijender Kumar, Mr. Vishal Chaturvedi, Ms. M. Rashmi, Advocates and Mr. Rajesh Dudhani (AR) CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. Yes VALMIKI J.MEHTA, J (ORAL) 1. Challenge by means of this execution first appeal is to the order of the executing court dated 12.5.2014 by which the applications filed by the appellants /objectors to the execution filed by the DDA have been dismissed.2. Though there is a long history with respect to the execution petition filed by respondent no.1/Delhi Development Authority (DDA), the only important aspect to be noted is that DDA is not executing any judgment passed in any civil suit but...

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Nov 07 2014 (HC)

Prem Nath @ Munna Vs. State

Court: Delhi

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:07. h November, 2014 + CRL.A. 766/2012 & Crl. MB100412014 PREM NATH @ MUNNA Through: ..... Appellant Ms Sunita Arora with Mr. Krishan Kumar, Advocates. versus STATE ..... Respondent Through: Ms. Jasbir Kaur, Additional Public Prosecutor for the State along with SI Vijay Kumar, Police Station Pandav Nagar. % CORAM: HON'BLE MS. JUSTICE SUNITA GUPTA : SUNITA GUPTA, J.(ORAL) 1. Appellant Prem Nath@ Munna impugns the judgment dated 30.03.2014 and order on sentence dated 31.03.2014 in Sessions Case No.27/2011 arising out of FIR No.390/1991, P.S. Trilokpuri whereby he was convicted for offence punishable u/s 186/307/34 IPC and was sentenced to undergo RI for a period of 3 months for offence punishable u/s 186/34 IPC and was also awarded RI for a period of 5 years and fine of Rs.10,000/- for offence punishable u/s 307/34 IPC, in default to further undergo SI for 6 months. Both the sentences were to run concurrently. The convict wa...

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Nov 07 2014 (HC)

Sh. Ganga Mahesh Katihar Vs. Smt. Sudarshan Khanna and ors.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI C.M.(M) No.988/2014 & C.M.Nos.18114/2014 (Exemption), 18115/2014 (Stay) 07th November, 2014 % SH. GANGA MAHESH KATIHAR Through ..... Petitioner Mr.J.S.Lamba with Mr.Ahmad Shahrooz, Advocates. versus SMT. SUDARSHAN KHANNA & ORS. ..... Respondents Through Mr.Anil Kumar Saxena, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. The petitioner, who is the defendant no.1 in the subject suit for possession pending before the trial court, impugns the order of the trial court dated 10.9.2014 by which the trial court has closed the right of the petitioner/defendant no.1 to lead evidence.2. At the outset, I must mention that the petitioner/defendant no.1 for some reason, and possibly not a bonafide one, has not filed before this Court the pleadings in the suit or the issues framed in the suit for possession. In my opinion, these pleadings and issues framed were necessary to have a la...

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Nov 07 2014 (HC)

Delhi State Industrial and Infrastructure Developmen Vs. M/S K.G. Elec ...

Court: Delhi

*IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h November, 2014 % + LPA No.391/2014 DELHI STATE INDUSTRIAL & INFRASTRUCTURE DEVELOPMENT CORPORATION LTD. .. Appellant Through: Ms. Anusuya Salwan & Mr. Vikas Sood Advs. Versus M/S K.G. ELECTRONICS PVT. LTD. & ANR. .. Respondents Through: Ms. Bandana Shukla for Ms. Ruchi Sindhwani, Adv. for R-2. Ms. Swati Yadav, Official from DSIIDC. CORAM:HONBLE THE CHIEF JUSTICE HONBLE MR. JUSTICE RAJIV SAHAI ENDLAW RAJIV SAHAI ENDLAW, J1 This intra-court appeal impugns the judgment dated 10th December, 2013 of the learned Single Judge of this Court, allowing W.P.(C) No.2324/2013 preferred by the respondent no.1 by directing the appellant to execute the perpetual lease of plot of land bearing no.A-102 at Narela Industrial Complex in favour of the respondent no.1 / writ petitioner within six weeks thereof subject to the respondent no.1 / writ petitioner completing all the formalities.2. Though this appeal was accompanied with an application ...

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Nov 07 2014 (HC)

Rajesh Tyagi and ors Vs. Ramesh Chandra Gupta and anr.

Court: Delhi

$-2 & 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + % FAO No.842/2009 Date of decision:07. h November, 2014 RAJESH TYAGI & ORS. Through: Nemo. ..... Appellants versus RAMESH CHANDRA GUPTA & ANR. .... Respondents Through: Ms. Lakshita Sethi for Mr. Anup. J.Bhambhani, Amicus Curiae Mr. Sanjay Jain, ASG with Mr. Kirtiman Singh, CGSC, Mr. Ali Noor and Ms. Astha Jain, Advocate for UOI AND MAC. APP. No.422/2009 SOBAT SINGH Through: ..... Appellants Ms. Sandhya Singh, Advocate for Mr. Kishan Nautiyal, Advocate versus RAMESH CHANDRA GUPTA & ANR. .... Respondents Through: Mr. Kanwal Chaudhary, Advocate for Insurance Company Mr. O.P. Maini, Amicus Curiae Mr. Sanjay Jain, ASG with Mr. Kirtiman Singh, CGSC, Mr. Noor Anand and Ms. Astha Jain, Advocate for UOI CORAM: HON'BLE MR. JUSTICE J.R. MIDHA J.R. MIDHA, J.(Oral) 1. India has dubious distinction of having worst record of road accidents. According to the latest Road Transport Ministry report, a total of 4,90,383 road accidents were reported in 2...

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