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Delhi Court January 2017 Judgments

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Jan 31 2017

Petro It Limited vs.petro It Solutions Private Limited

Court: Delhi

Decided on: Jan-31-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI CO.PET. 889/2015 PETRO IT LIMITED Judgment Reserved on:14. 12.2016 Judgment Delivered on:31. 01.2017 Demerged Company/Petitioner No.1 AND PETRO IT SOLUTIONS PRIVATE LIMITED Resulting Company/Petitioner No.2 Through: Ms. Malini Sud, Santosh Kumar and SP Singh Chawla Advocate for the... Petitioners Ms. Aparna Mudiam, Assistant Registrar of Companies for the Regional Director CORAM: HONBLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J.1. This second motion joint petition has been filed under Sections 391 to 394 of the Companies Act, 1956 (hereinafter referred to as the Act) by PETRO IT LIMITED (hereinafter referred to as Demerged Company) and PETRO IT SOLUTIONS PRIVATE LIMITED (hereinafter referred to as CO.PET.889/2015 Page 1 of 1 Resulting Company), seeking sanction of this Court to the proposed scheme of Arrangement (hereinafter referred to as proposed scheme) between the Demerged Company and the Resulting Company.2. The Demerged Comp...


Jan 31 2017

b.e. Billimoria & Co. Ltd. Vs.rites Limited & Anr.

Court: Delhi

Decided on: Jan-31-2017

$~1 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 716/2016 & IA No.15567/2016 B.E. BILLIMORIA & CO. LTD. ........ Petitioner Through: Mr Goutham Shivshankar, Advocate. versus RITES LIMITED & ANR. ........ RESPONDENTS Through: Mr G. S. Chaturvedi, Advocate for R Mr Mukesh Kumar and Ms Bhavana, Advocates R-2/Pondicherry University. for CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER3101.2017 VIBHU BAKHRU, J The petitioner has filed the present petition under Section 11 of the 1. Arbitration and Conciliation Act, 1996 (hereafter the Act), inter alia, praying that a sole arbitrator be appointed for adjudicating the disputes that have arisen between the parties in respect of an agreement dated 03.04.2012 (Agreement No.RITES/CP/TC/PQ/PU/Pondi/Auditorium/Civil Package).2. Respondent No.1s principal contention advanced in opposition to this petition is that the arbitration clause stands frustrated by virtue of the amendments to section 12 of the Act as introduced by the Arbitration and Co...


Jan 31 2017

Rakesh Grover and Ors vs.registrar of Cooperative Societies & Ors

Court: Delhi

Decided on: Jan-31-2017

$~14 & 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4202/2014 RAKESH GROVER AND ORS Date of decision:31. t January, 2017 ........ Petitioner Through Mr. Venkita Subromoniam T.R, Mr. Rahat Bansal and Mr. Arjun Handa, Advocates. REGISTRAR OF COOPERATIVE SOCIETIES & ORS. ........ RESPONDENTS Versus Through Mr. Naushad Ahmed Khan, ASC, GNCTD with Mr. Manzar Anis, Advocate. Ms. Archana Chibber, Advocate for Mr. Shashank Ahuja, Advocate for R-2. Mr. Premtosh Mishra and Ms. Anvesha Dwivedi, Advocates for R-3 to 17. W.P.(C) 8553/2014 UMESH KUMAR JAIN & ORS. ........ Petitioner Through Mr. Premtosh Mishra and Mr. Anvesha Dwivedi, Advocates. REGISTRAR CO-OPERATIVE SOCIETIES & ORS versus ..... Respondent Through Ms. Niti Jain, Advocate for Mr. Anuj Aggarwal, ASC, GNCTD. Ms. Archana Chibber, Advocate for Mr. Shashank Ahuja, Advocate for R-2. Mr. Venkita Subromoniam T.R, Mr. Rahat Bansal and Mr. Arjun Handa, Advocates for R-3 to 12. Mr. Dinesh Chander Yadav and Mr. A.S. Rishi, Advocate fo...


Jan 31 2017

New Delhi Municipal Council vs.ram Raj Sethi

Court: Delhi

Decided on: Jan-31-2017

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2330/2015 Decided on 31st January, 2017 NEW DELHI MUNICIPAL COUNCIL ........ Petitioner Through: Mr. Vivek B. Saharya, ASC with Mr. Mananjay Mishra, Advocate versus RAM RAJ SETHI ..... Respondent Through: Ms. Rashmi Chopra & Ms. Asiya, Advocates CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.(ORAL) 1. The petitioner-New Delhi Municipal Council, (NDMC, for short) in this writ petition, impugns the order dated 16.4.2014, allowing OA No.3556/2012 filed by Ram Raj Sethi, the respondent before us. The impugned order directs that vide Office Order No.819/HA dated 29.3.2007, the petitioner would be considered for grant of 3rd time-bound promotion to the respondent after 26 years of service from the date of his induction as a direct recruit on regular basis at base level.2. The respondent was appointed as Lethman on 18.5.1976. Upon the WP(C) No.2330/2015 Page 1 of 11 post of Lethman being ab...


Jan 31 2017

Kirti Premraaj Jain vs.moser Baer Clean Energy Ltd. & Anr.

Court: Delhi

Decided on: Jan-31-2017

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:31. h January, 2017 1. CRL.M.C. 3462/2014 and Crl.M.A.No.11961/2014 KIRTI PREMRAAJ JAIN ........ Petitioner Through: Ms.Geeta Luthra, Sr. Advocate with Mr.Jivesh Tiwari and Mr.Prateek Yadav, Mrs.Hurainn S. Dholkawalla and Mr.Virender Singh Hooda, Advocates. versus MOSER BAER CLEAN ENERGY LTD. & ANR. ........ RESPONDENTS Through: Mr.Vikas Pahwa, Sr. Advocate with Mr.Vineet Arora and Mr.Aditya Dogra, Mr.Kinnori Ghosh Advocates for R1.2. CRL.M.C. 3465/2014 and Crl.M.A.No.11971/2014 KIRTI PREMRAAJ JAIN ........ Petitioner Through: Ms.Geeta Luthra, Sr. Advocate with Mr.Jivesh Tiwari and Mr.Prateek Yadav, Mrs.Hurainn S. Dholkawalla and Mr.Virender Singh Hooda, Advocates. versus Crl.M.C. No.3462/2014, Crl.M.C. No.3465/2014 & Crl.M.C. No.3569/2014 Page 1 of 32 MOSER BAER CLEAN ENERGY LTD. & ANR. ........ RESPONDENTS Through: Ms. Sima Gulati and Mr.S.P.Mukherjee, Advocates for R1.3. CRL.M.C. 3569/2014 and Crl.M.A.No.12286/2014 KIRTI P...


Jan 31 2017

S. Paramjit Singh vs.director of Education and Ors.

Court: Delhi

Decided on: Jan-31-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % S. PARAMJIT SINGH W.P.(C) No.7950/2008 31st January, 2017 ........ Petitioner Through: Mr. S.K. Shukla, Advocate. versus DIRECTOR OF EDUCATION AND ORS. Through: Ms. ........ RESPONDENTS Sharma, Aakansha Advocate for R-1 and 2. Mr. A.P. Sharma, Advocate for R-3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. By this writ petition under Article 226 of the Constitution of India, petitioner seeks the relief of being appointed as a Head Master (Primary) of the respondent No.3/Guru Nanak Girls Senior Secondary School.... Petitioner also prays for quashing of the letters dated 27.6.2008 and 28.6.2008 issued by the Director of Education whereby Director of Education has taken a policy decision not to appoint a Head Master of the Primary section of aided schools. It is undisputed and noted that the respondent No.3/school is an aided school i.e 95% of the finances W.P.(C) No.7950/2008 Pa...


Jan 31 2017

Deepak Khosla vs.high Court of Delhi & Ors

Court: Delhi

Decided on: Jan-31-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:31. 01.2017 + W.P.(C) 764/2017 & CM Nos.3515/2017 & 3516/2017 DEEPAK KHOSLA Through: versus... Petitioner in person. ........ Petitioner HIGH COURT OF DELHI & ORS. ........ RESPONDENTS Through: Mr.Vikram Pradeep, Advocate for Mr. Viraj Datar, Advocate for respondent No.1. Mr. Peeyoosh Kalra, ASC GNCTD along with Mr. Sudhindra Tripathi, Advocate respondent No.5/GNCTD. for CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA JUDGMENT INDIRA BANERJEE, J1 This writ petition is in effect directed against the action of the registry in allotting the number Crl.M.C. No.3801/2016 to an application filed by the respondent No.6 and in listing the said application before the Learned Single Bench having determination to take up criminal revision matters. WP(C). 764/2017 1 2. On or about 26/02/2016, an article was published in the newspaper, Times of India, after which, the petitioner filed a criminal complaint fo...


Jan 31 2017

Hameeda Shahzad vs.shahjahan Khatoon & Ors.

Court: Delhi

Decided on: Jan-31-2017

$~A-14 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI RC.REV. 662/2015 Date of decision:31. 01.2017 HAMEEDA SHAHZAD ........ Petitioner Through Mr.Rajeev Saxena & Ms.Namrata Chauhan, Advocates versus SHAHJAHAN KHATOON & ORS. ........ RESPONDENTS Through Mr.N.K.Sharma, Advocate CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. The present revision petition is filed under section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act) seeking to challenge the eviction order dated 28.9.2015 by which the Eviction Petition filed by the petitioner under section 14(1)(e) of the DRC Act was dismissed. The petitioner/landlord filed the eviction petition under section 14(1)(e) of the DRC Act regarding Shop No.413-A, Gali No.4, Okhla, P.O. Jamia Nagar, New Delhi-110025. It was stated in the eviction petition that the petitioner is the owner of the said property measuring 75 sq. yards constructed upto third floor. The property was purchased on 22.6.1983 fro...


Jan 31 2017

Haskoningdhv India Limited vs.haskoningdhv Consulting Private Limited

Court: Delhi

Decided on: Jan-31-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on:14. 12.2016 Judgment Delivered on:31. 01.2017 CO.PET.180/2016 HaskoningDHV India Limited Petitioner/Transferor Company HaskoningDHV Consulting Private Limited AND Petitioner/Transferee Company Through: Mr. D. Bhattacharya and Ms. Deeti Ojha, Advocates for the... Petitioners Ms. Aparna Mudiam, Asst. ROC for RD Mr. Rajiv Bahl, Advocate for OL CORAM: HONBLE MR JUSTICE SIDDHARTH MRIDUL SIDDHARTH MRIDUL, J JUDGMENT1 This joint petition has been filed under Sections 391 to 394 of the Companies Act, 1956 (hereinafter referred to as the Act) read with Rules 67 to 87 of the Companies (Court) Rules, 1959, by HaskoningDHV India Private Limited (hereinafter referred to as Transferor Company) and HaskoningDHV Consulting Private Limited (hereinafter referred to as CO.PET.180/2016 Page 1 of 8 Transferee Company), seeking sanction of this Court to the proposed scheme of Amalgamation (hereinafter referred to as proposed scheme) between the Tr...


Jan 31 2017

National Highways Authority of India vs.ssangyong Engineering and Cons ...

Court: Delhi

Decided on: Jan-31-2017

$~ * F-349. + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. 441/2010 NATIONAL HIGHWAYS AUTHORITY OF INDIA .......Petitioner Through: Ms. Gunjan Sinha Jain, Advocate. versus SSANGYONG ENGINEERING AND CONSTRUCTION CO. LTD.... RESPONDENTThrough: Mr. Anil Airi, Senior Advocate with Mr. Ravi Krishan Chandna, Ms. Bindiya Logawney, Ms. Sadhana Sharma and Mr. Aman Madan, Advocates. CORAM: JUSTICE S. MURALIDHAR ORDER3101.2017 % Introduction 1. National Highways Authority of India (NHAI) has filed this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) challenging the impugned Award dated 19th February 2010 passed by the Arbitral Tribunal (AT) in the disputes between the NHAI and the Respondent Ssangyong Engineering and Construction Co. Ltd.-Oriental Structural Engineers Ltd (JV) arising out a contract agreement (CA) dated 12th January 2001 whereby the work of four laning and strengthening of the existing two lane sections between Km. 140 and Km. 180 on NH-2 in Bihar ...


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