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Delhi Court October 2017 Judgments

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Oct 16 2017 (HC)

Vijay Laxmi Bahl vs.union of India & Ors

Court: Delhi

$~ * + + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:16. 10.2017 LPA6632017 & CM No.36993/2017 (stay) VIJAY LAXMI BAHL ..... Appellant Through: Mr. Ankur Chhibber, Adv. versus UNION OF INDIA & ORS ........ RESPONDENTS Through: Mr. Anurag Ahluwalia, CGSC with Ms. Surjeet Kaur (Ministry) for R-1. LPA6652017 & CM No.37003/2017 (stay) ASHA SETHI Through: Mr. Ankur Chhibber, Adv. ..... Appellant versus UNION OF INDIA & ANR ........ RESPONDENTS Through: Mr. Anurag Ahluwalia, CGSC with Ms. Surjeet Kaur (Ministry) for R-1. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SUNIL GAUR MR. JUSTICE S. RAVINDRA BHAT (ORAL) % CM No.36996/2017 (exemption) in LPA No.663/2017 CM No.37006/2017 (exemption) in LPA No.665/2017 Allowed, subject to just exceptions. LPA No.663/2017 & connected matter Page 1 of 10 CM Nos.36994-36995/2017 (condonation of delay) in LPA No.663/2017 CM Nos.37004-37005/2017 (condonation of delay) in LPA No.665/2017 Allowed. LPA Nos.663/2017 & 665/2017 1. ...

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Oct 16 2017 (HC)

Delhi Development Authority vs.khem Chand and Ors.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI RSA No.387/2015 + % DELHI DEVELOPMENT AUTHORITY16h October, 2017 ..... Appellant Through: Mr. Rajiv Bansal, Sr. Advocate with versus Mr. Kush Sharma, Advocates. KHEM CHAND AND ORS. ........ RESPONDENTS Through: Mr. Madan Lal Sharma and Mr. B.D. Kaushik, Advocates for R-1, 2 and legal heirs of R-3. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the Delhi Development Authority (DDA) impugning the concurrent judgments of the courts below; of the trial court dated 9.2.2014 and the first appellate court dated 26.3.2015; by which the courts below have decreed the suit of the respondent nos. 1 to 3/plaintiffs and restrained the appellant/defendant No.1/DDA from carrying out any demolition RSA No.387/2015 Page 1 of 6 over the land of the respondent nos. 1 to 3/plaintiffs situated in Khata No...

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Oct 16 2017 (HC)

Ue Development India Private Limited vs.emerald Industries

Court: Delhi

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + O.M.P.(MISC.) (COMM.) 35/2017 Judgment delivered on:16. 10.2017 UE DEVELOPMENT INDIA PRIVATE LIMITED......... Petitioner versus EMERALD INDUSTRIES Advocates who appeared in this case: ..Respondent For the... Petitioner For the Respondent : Mr K.S.Ponnappa : Mr Dharmesh Misra and Mr Ritesh Sharma CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT1610.2017 SANJEEV SACHDEVA, J.(ORAL) 1. This is a petition under Section 29A(5) of the Arbitration & Conciliation Act, 1996 seeking extension of time for making the Award.2. The Arbitrator was appointed by mutual consent between the parties. The parties had, earlier, by mutual consent, extended the period by six months. The said period is expiring on 18.10.2017.3. Learned counsels for the parties submit that the parties are OMP(MISC)(COMM) 35/2017 Page 1 of 2 diligently prosecuting the proceedings and that there is no delay attributable to the Arbitrator.4. The order dated 28.09.2017 records th...

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Oct 16 2017 (HC)

Manjit Singh Bali vs.union of India

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI $~22. * + % W.P.(C) 9078/2017 and C.M. No.37113/2017 MANJIT SINGH BALI Date of Decision:16. 10.2017 ........ Petitioner Through: Mr. M.K. Bhardwaj, Advocate along with petitioner in person. versus UNION OF INDIA Through: ..... Respondent CORAM: HONBLE MR. JUSTICE VIPIN SANGHI HONBLE MS. JUSTICE REKHA PALLI VIPIN SANGHI, J.(ORAL) 1. The petitioner has preferred the present writ petition to assail the order dated 22.09.2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (CAT/ Tribunal) in O.A. No.616/2017, whereby the Tribunal has dismissed the said Original Application preferred by the petitioner. In the said Original Application, the petitioner had sought to assail the memo dated 20.06.2011 issued to him initiating disciplinary proceedings against him under Rule 14 of the CCS (CCA) Rules, 1965. He also assailed the subsequent proceedings undertaken in pursuance of the said memo dated 20.06.2011, including the disagreeme...

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Oct 16 2017 (HC)

M/S Ishwar Builders Pvt Ltd vs.ajit Pal Singh Bindra

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:15. h September, 2017 Pronounced on:16. h October, 2017 Through : Mr.Akshay Makhija, Adv. ..... Plaintiff CS(OS) 532/2016 & IA No.3349/2017 M/S ISHWAR BUILDERS PVT LTD + CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA versus AJIT PAL SINGH BINDRA ..... Defendant Through : Mr.Abhishek Singh, Adv. YOGESH KHANNA, J.IA No.3349/2017 1. This application is filed by the defendant for seeking an unconditional leave to defend this suit. Before coming to the issues raised in the application it would be appropriate to advert to the facts stated in the plaint.2. The plaintiff has filed this summary suit under Order 37 of CPC for recovery of an amount of `2,29,64,250/- plus interest on the basis of a dishonored cheque.3. The plaintiff, a company having its registered office at Janak Puri, New Delhi alleges:-"IA No.3349/2017in CS(OS) No.532/2016 Page 1 of 10 i) the plaintiff was approached by the defendant in connection of sale of property bearing ...

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Oct 16 2017 (HC)

The New India Assurance Co Ltd vs.constable Mohar Singh & Ors

Court: Delhi

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:16. h October, 2017 + MAC.APP. 657/2015 and CM158662015 and 8461/2016 THE NEW INDIA ASSURANCE CO LTD ..... Appellant Through: Ms. Awantika Mahohar, Advocate versus CONSTABLE MOHAR SINGH & ORS ........ RESPONDENTS Through: Mr. S.N. Parashar and Ms. Pankaj Kumari, Advocates for R-1 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. The first respondent (claimant), a member of Delhi Police, suffered injuries in a motor vehicular accident that had occurred on 04.03.2014 when the motorcycle bearing registration no.DL-1SN- 9594 (motorcycle) on which he was on patrolling duty came to be involved in a collision with another motor vehicle described as Tata Pickup bearing registration no.UP-13T-8194 (offending vehicle), admittedly insured against third party risk with the appellant / insurance company (insurer) for the period in question.2. On his accident claim case (suit no.173/2014), the Motor Accident Claims Tribunal (Tribunal) h...

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Oct 16 2017 (HC)

Shyam Sunder vs.union of India & Ors.

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.8895/2017 Date of Decision:16. h October, 2017 SHYAM SUNDER versus ........ Petitioner Through: Mr.R.K. Shukla, Adv. ..... Respondent UNION OF INDIA & ORS. Through: Mr.Vinod Diwakar, Adv. with Mr.Akshay Agarwal, Adv. & Mr.Ravindra, Adv. for Respondent Nos.1 to 4. CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI REKHA PALLI, J (ORAL) 1. The present writ petition assails the order dated 5th February, 2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.3767/2012, whereby the Tribunal has dismissed the Original Application (OA) filed by the... Petitioner.2. The... Petitioner was engaged as a Khalasi on casual basis w.e.f 1st May, 1993, in the office of the Respondent No.4 on daily rate basis and he served for 196 days upto 6th July, 1994. He was not re-engaged thereafter and in these circumstances he preferred an OA No.1075/1995 before the Central Administrative Tribunal, WP...

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Oct 16 2017 (HC)

Kanta & Ors vs.maya Chauhan & Ors

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 1150/2017 KANTA & ORS Through: Mr. Rajiv Shankar Dvivedi, Adv. MAYA CHAUHAN & ORS $~53 * + CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Through: None. Versus ........ Petitioners ........ RESPONDENTS ORDER1610.2017 % CM No.37317/2017 (for exemption) 1. Allowed, subject to just exceptions.2. The application is disposed of. CM(M) 1150/2017 3. This petition under Article 227 of the Constitution of India impugns, a) the order [dated 20th October, 2016 in CS No.2380/2016 of the Court of Additional District Judge (ADJ)-02 (East), Karkardooma Courts, Delhi]. allowing the oral request of the respondents No.1 to 3/ plaintiffs No.2 to 4 to withdraw the suit with liberty to file a fresh suit on the same cause of action and so dismissing the suit as withdrawn with liberty aforesaid to respondents No.1 to 3/plaintiffs No.2 to 4; and, b) the order dated 18th August, 2017 disposing of the application filed by the petitioners for review of the order.4. Vi...

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Oct 13 2017 (HC)

Manoj Kumar vs.commissioner of Police and Ors.

Court: Delhi

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.8992/2017 & CM No.36789/2017 Date of Decision:13. h October, 2017. MANOJ KUMAR versus ..... PETITIONER Through: Mr.S.K. Gupta, Adv. COMMISSIONER OF POLICE AND ORS....RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MS. JUSTICE REKHA PALLI Through: Mr.Satyakam, Adv. VIPIN SANGHI, J (ORAL) 1. The petitioner has preferred the present writ petition assailing the orders dated 2nd January, 2012 & 19th September, 2016 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No.903/2010, and in the Review Application being R.A. No.55/2012 preferred by the petitioner-applicant. By the impugned order, the Tribunal had disposed of the said Original Application, along with OA No.1747/2010 preferred by one Shri Rajender Prasad Saini. The Review Application too stands dismissed. The petitioner herein and Shri Rajender Prasad Saini were subjected to joint departmental inquiry for the alleged misconduct. Their ...

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Oct 13 2017 (HC)

Dimension Data India Private Limited vs.vertex Custom Management India ...

Court: Delhi

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:13. h October, 2017 CS(COMM) 1020/2016 DIMENSION DATA INDIA PRIVATE LIMITED Represented by: Mr. Dhruv Wahi, Mr. Mohit Bhardwaj, Advs. ..... Plaintiff versus VERTEX CUSTOM MANAGEMENT INDIA PRIVATE LIMITED ..... Defendant Represented by: None. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) 1. By the present suit, plaintiff seeks inter alia a decree for a sum of 1,91,73,992.07 (Rupees One crore ninety one lakhs seventy three thousand nine hundred ninety two and paisa seven only) with pendente lite and future interest @ 18% per annum from the date of institution of the present suit upto the date of realization of the decretal amount in favour of the plaintiff and against the defendant.2. Summons in the suit were issued to the defendant vide order dated 3rd August, 2016. Defendant was served through publication vide order dated 15th September, 2017. Since the defendant has not entered appearance despite service, plaintif...

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