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Delhi Court May 2014 Judgments

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May 07 2014 (HC)

Som Dutt Enterprises Limited Vs. Vijay Cable Industries and ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h May, 2014. + CS(OS) 1112/1998 RELIANCE INDUSTRIES LTD. ..... Plaintiff Through: Mr. B.B. Sawhney, Sr. Adv. with Mr. Vishnu Sharma and Mr. Lakshay Sawhney, Advs. Versus VIJAY CABLE INDUSTRIES & ORS ..... Defendants Through: Mr. Rajesh Banati, Adv. for D-1&2 Mr. A.K. Singh, Mr. Arun Kr. Panwar and Ms. Geentajali Khanna, Advs. for UPFC. AND + EX.P. 126/1997 SOM DUTT ENTERPRISES LIMITED .... Decree Holder Through: Mr. B.B. Sawhney, Sr. Adv. with Mr. Vishnu Sharma and Mr. Lakshay Sawhney, Advs. Versus VIJAY CABLE INDUSTRIES & ORS ..... Judgement Debtors Through: Mr. Rajesh Banati, Adv. for D-1&2 Mr. A.K. Singh, Mr. Arun Kr. Panwar and Ms. Geentajali Khanna, Advs. for UPFC. AND + EX.P. 96/2008, EA No.189/2008, EA No.145/2014 (of UPFC u/O21R-58), EA No.75/2014 (of the Judgment Debtor u/O21R-58) & EA No.34/2014 (of the decree holder u/S151CPC). NATIONAL SMALL INDUSTRIES CORPORATION LTD ..... Decree Holder Through: Mr. Sanjay Sharm...

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May 07 2014 (HC)

Mr. Sandeep Sabharwal Vs. M/S M-tech Developers Ltd.

Court: Delhi

THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:07. 05.2014 CO.PET.517/2012 & CA NOS. 2114/2012, 1125/2013 & 617/2013 MR. SANDEEP SABHARWAL ..... Petitioner versus M/S M-TECH DEVELOPERS LTD. ..... Respondent Advocates who appeared in this case: For the Petitioner : Mr Chandra Shekhar. For the Respondent : Mr Raman Duggal. CORAM:HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The present petition has been filed by the petitioner under Sections 433(e) & (f), 434 and 439 of the Companies Act, 1956 (hereinafter referred to as Act) inter alia praying for winding up of the respondent company. It is alleged that the respondent company has failed and neglected to pay the amounts due and payable to the petitioner and is, thus, deemed to be unable to pay its debts. Consequently, it is contended that the respondent company is liable to be wound up.2. Brief relevant facts of the present case are as follows:- 2.1 The respondent is a company engaged in the business of develop...

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May 07 2014 (HC)

Puneet Kumar JaIn Vs. Mstc Limited and ors

Court: Delhi

$~11. * IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision:07. 05.2014 % ARB.P. 160/2014 and I.A. No.6133/2014 PUNEET KUMAR JAIN Through: ..... Petitioner Mr. S.D. Singh, Rahul Singh, Jitender Singh and Kamla Prasad, Advocates versus MSTC LIMITED & ORS Through: ..... Respondents Ms. Heena Mongia for R-1&2 Mr. Rohan Sharma and Aakarshan Sahay for R-3 CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI VIPIN SANGHI, J.(ORAL) 1. The present appeal has been preferred under section 37 of the Arbitration & Conciliation Act, 1996 to assail the order dated 04.03.2014 passed by the learned arbitrator, whereby the appellants application under section 17 of the Act to seek interim measures has been dismissed by holding that the same is not maintainable.2. The appellant had participated in an e-auction for purchase of an asset, viz. Syn Gas Compressor complete unit along with auxiliaries and spares pertaining to mechanical, instrument and electrical of Ammonia-V plant of RC Trombay Unit (the asset).3....

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May 07 2014 (HC)

Sh. Sohan Pal Vs. Sh. Umashankar and anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % RSA2232013 7th May, 2014 SH. SOHAN PAL Through: ......Appellant Mr. Samrat Nigam, Advocate. VERSUS SH. UMASHANKAR & ANR. Through: ...... Respondents Mr. S.C. Singhal, Advocate. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This second appeal is filed by the defendant/tenant impugning the judgment of the courts below; of the trial court dated 6.12.2012 and the first appellate court dated 8.8.2013; by which the suit of the respondent/plaintiff/landlord was decreed for possession and mesne profits with respect to the property No.RZ-E28& 28B, Gandhi Market, Shankar Shopping Centre, West Sagar Pur, New Delhi. Damages were also granted by the decree at Rs.4,500/- per month from 1.2.2009 till the date of recovery of possession.2. The only issue which is called upon for decision of this Court is as to whether the suit premises are covered by the Delhi Rent Control Act, 1958, and if it...

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May 07 2014 (HC)

M/S. Economic Transport Organization Vs. Dharmendra Mishra and ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on March 18, 2014 Judgment Delivered on May 07, 2014 + W.P.(C) 6353/1999 M/S. ECONOMIC TRANSPORT ORGANIZATION Represented by: ..... Petitioner Mr. Jitesh Pandey, Advocate versus DHARMENDRA MISHRA AND ORS. Represented by: ..... Respondents Ms. Monica Kapoor, Advocate CORAM: HON'BLE MR. JUSTICE V.KAMESWAR RAO V.KAMESWAR RAO, J.1. The challenge in this writ petition is to the award dated July 08, 1999 passed by the Labour Court in I.D. No.796/94 wherein, the Labour Court had answered the reference in favour of the respondent No.1 herein, by holding that he has not abandoned the job, but, it is a case where the petitioner had refused him duties in Delhi and whereby, the petitioner was directed to provide him duties in Delhi with full back wages and continuity of service.2. The award was passed pursuant to a reference made by the appropriate Government on the following terms:Whether Sh. Dharmendra Mishra has abandoned his job or re...

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May 07 2014 (HC)

M/S Federal Motors Pvt Ltd Vs. M/S Atma Ram Properties Pvt Ltd

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:07. 05.2014 + CM(M) 4/2014 & CM Nos.115-116/2014 M/S FEDERAL MOTORS PVT LTD ..... Petitioner Through: Mr. Ravi Gupta, Sr. Adv. with Mr. Yogender Vasisht, Adv. versus M/S ATMA RAM PROPERTIES PVT LTD ..... Respondent Through: Mr. J.P. Sengh, Sr. Adv. with Mr. Amit Sethi, Adv., Ms. Puja Anand and Mr. Sachin Aneja, Adv. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI % MR. JUSTICE NAJMI WAZIRI1 The present petition under Article 227 of the Constitution of India arises from the orders dated 29th April, 2013 (first impugned order) and 28th September, 2013 (second impugned order) (hereinafter collectively referred to as impugned orders) of the learned ADJ 02 & Wakf Tribunal, New Delhi (Appellate Court) in ARCT No.1 of 2011 (formerly RCA No.279 of 2001) (Appeal). By the impugned orders, the learned Appellate Court directed the petitioner/tenant herein to deposit an amount of Rs. 1,60,000/(Rupees one lakh sixty thousand only) per mensem toward...

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May 07 2014 (HC)

Reliance Industries Ltd. Vs. Vijay Cable Industries and ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h May, 2014. + CS(OS) 1112/1998 RELIANCE INDUSTRIES LTD. ..... Plaintiff Through: Mr. B.B. Sawhney, Sr. Adv. with Mr. Vishnu Sharma and Mr. Lakshay Sawhney, Advs. Versus VIJAY CABLE INDUSTRIES & ORS ..... Defendants Through: Mr. Rajesh Banati, Adv. for D-1&2 Mr. A.K. Singh, Mr. Arun Kr. Panwar and Ms. Geentajali Khanna, Advs. for UPFC. AND + EX.P. 126/1997 SOM DUTT ENTERPRISES LIMITED .... Decree Holder Through: Mr. B.B. Sawhney, Sr. Adv. with Mr. Vishnu Sharma and Mr. Lakshay Sawhney, Advs. Versus VIJAY CABLE INDUSTRIES & ORS ..... Judgement Debtors Through: Mr. Rajesh Banati, Adv. for D-1&2 Mr. A.K. Singh, Mr. Arun Kr. Panwar and Ms. Geentajali Khanna, Advs. for UPFC. AND + EX.P. 96/2008, EA No.189/2008, EA No.145/2014 (of UPFC u/O21R-58), EA No.75/2014 (of the Judgment Debtor u/O21R-58) & EA No.34/2014 (of the decree holder u/S151CPC). NATIONAL SMALL INDUSTRIES CORPORATION LTD ..... Decree Holder Through: Mr. Sanjay Sharm...

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May 07 2014 (HC)

R.C. JaIn Vs. the State Nct of Delhi

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI CRIMINAL APPEAL No.31 of 2008 Reserved on: April 29, 2014 Decision on: May 7, 2014 R.C. JAIN ..... Appellant Through: Mr. Anil Kumar Gupta with Mr. Sahil Dhawan, Advocates. versus THE STATE NCT OF DELHI ..... Respondent Through: Ms. Aashaa Tiwari, APP. CORAM: JUSTICE S. MURALIDHAR JUDGMENT0705.2014 1. This appeal is preferred against the impugned judgment dated 12 th December 2007 passed by the learned Special Judge in Complaint Case No.23 of 1999 convicting the Appellant for the offence under Section 7 and Section 13 (1) (d) read with Section 13 (2) of the Prevention of Corruption Act, 1988 (PC Act) and the order on sentence dated 13th December 2007 by which, for the offence under Section 7 PC Act, the Appellant was sentenced to undergo rigorous imprisonment (RI) for a period of three years and a fine of Rs. 10,000 and in default, to undergo simple imprisonment (SI) for three months and, for the offence under Section 13 (2) read with Section 13 ...

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May 07 2014 (HC)

Chandan @ Babar Vs. State Govt. of Nct of Delhi

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: May 1, 2014 Decision on: May 7, 2014 CRL.A. No.75 of 2014 & Crl.M.(B) No.152 of 2014 CHANDAN @ BABAR ..... Appellant Through: Mr. Vijay Kinger, Advocate. versus STATE GOVT. OF NCT OF DELHI ..... Respondent Through: Ms. Isha Khanna, APP. WITH CRL.A. No.139 of 2014 & Crl.M.(B) No.266 of 2014 MUKESH ..... Appellant Through: Mr. Vijay Kinger, Advocate. versus THE STATE ..... Respondent Through: Ms. Aashaa Tiwari, APP AND CRL.A. No.76 of 2014 & Crl.M.(B) No.153 of 2014 AFZAL ..... Appellant Through: Mr. Vijay Kinger, Advocate. versus STATE ..... Respondent Through: Ms. Isha Khanna, APP. CORAM: JUSTICE S. MURALIDHAR JUDGMENT0705.2014 1. These appeals are directed against the judgment dated 22nd November 2013 passed by the learned Additional Sessions Judge (ASJ) in SC No.123 of 2013 convicting the three Appellants and co-accused Karan and Akash (who have not filed appeals) for the offences under Sections 365 and 395 IPC. Akash and Chandan w...

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May 07 2014 (HC)

National Small Industries Corporation Ltd Vs. M/S Vijay Cable Industri ...

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h May, 2014. + CS(OS) 1112/1998 RELIANCE INDUSTRIES LTD. ..... Plaintiff Through: Mr. B.B. Sawhney, Sr. Adv. with Mr. Vishnu Sharma and Mr. Lakshay Sawhney, Advs. Versus VIJAY CABLE INDUSTRIES & ORS ..... Defendants Through: Mr. Rajesh Banati, Adv. for D-1&2 Mr. A.K. Singh, Mr. Arun Kr. Panwar and Ms. Geentajali Khanna, Advs. for UPFC. AND + EX.P. 126/1997 SOM DUTT ENTERPRISES LIMITED .... Decree Holder Through: Mr. B.B. Sawhney, Sr. Adv. with Mr. Vishnu Sharma and Mr. Lakshay Sawhney, Advs. Versus VIJAY CABLE INDUSTRIES & ORS ..... Judgement Debtors Through: Mr. Rajesh Banati, Adv. for D-1&2 Mr. A.K. Singh, Mr. Arun Kr. Panwar and Ms. Geentajali Khanna, Advs. for UPFC. AND + EX.P. 96/2008, EA No.189/2008, EA No.145/2014 (of UPFC u/O21R-58), EA No.75/2014 (of the Judgment Debtor u/O21R-58) & EA No.34/2014 (of the decree holder u/S151CPC). NATIONAL SMALL INDUSTRIES CORPORATION LTD ..... Decree Holder Through: Mr. Sanjay Sharm...

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