Delhi Court February 2017 Judgments
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Alupro Building Systems Pvt Ltd vs.ozone Overseas Pvt Ltd
Court: Delhi
Decided on: Feb-28-2017
O.M.P. 3/2015 ........ Petitioner IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: December 20, 2016 Date of decision: February 28, 2017 Through: Ms. Ekta Mehta with Mr. Shrayans Singhvi and Ms. Divia Rajkhowa, Advocates. ALUPRO BUILDING SYSTEMS PVT LTD $~ * 11 + % 1. The... Petitioner, Alupro Building Systems Private Limited, has in this OZONE OVERSEAS PVT LTD Through: Mr. T.A. Francis with Mr. Mahesh Katyayan, Advocates. JUDGMENT2802.2017 CORAM: JUSTICE S.MURALIDHAR ..... Respondent versus petition under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) challenged the impugned Award dated 14th November 2014 passed by the sole Arbitrator in the disputes between the... Petitioner and the Respondent, Ozone Overseas Private Limited, arising out of the four Purchase Orders (POs) for the supply of materials for the execution of various works awarded by the Delhi Metro Rail Project to the... Petitioner. Background facts 2. The facts are that the... Petitioner, a company bas...
Bishwanath Industries Ltd. Vs.director General, Foreign Trade & Anr.
Court: Delhi
Decided on: Feb-28-2017
$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgement delivered on:28th February, 2017 WP(C) 1952/1997 BISHWANATH INDUSTRIES LTD. ........ Petitioner Through: Mr. Rajesh Rawal, Adv. Versus DIRECTOR GENERAL, FOREIGN TRADE & ANR ...... RESPONDENTS Through: Mr. Vivek Goyal, CGSC with Ms. Vanya Khanna, Adv. for UOI. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J, (Oral):-"This writ petition has sought i) the quashing of a show cause 1. notice dated 07.07.1995 issued by the respondent No.2 as to why the Advance License dated 14.02.1994 issued to the petitioner be not cancelled and ii) a direction to the respondents to make corrections in the aforesasid Advance License showing export obligation to be made in Indian Rupees for an amount of Rs.14,69,26,650/- instead of USD4591,457/-.2. By an agreement dated 18.06.1991, the petitioner had agreed to supply 21.25 lakh pieces of LDPE liner bags to a Moscow based buyer. The price of each bag was fi...
M/S Serenity Real Estate Private Limited vs.blue Coast Infrastructure ...
Court: Delhi
Decided on: Feb-28-2017
$~1 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ARB.P. 796/2016 M/S SERENITY REAL ESTATE PRIVATE LIMITED Through: Mr Vivek Malik and Mr Mukul ........ Petitioner Thakur, Advocates. versus BLUE COAST INFRASTRUCTURE DEVELOPMENT PRIVATE LIMITED, & ANR. ........ RESPONDENTS Through: Mr Gaurav Mitra, Mr Prateek Malik, Mr Adarsh Rai and Mr Rudra Nath, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2802.2017 VIBHU BAKHRU, J1 This is a petition filed under Section 11 of the Arbitration and Conciliation Act, 1996 (hereafter the Act), inter alia, praying that an arbitrator be appointed to adjudicate the disputes that have arisen in connection with the Assured Return Agreement dated 10.05.2012 (hereafter the agreement) entered into between the parties.2. The said agreement includes an arbitration clause, which is set out below:-"19. That all disputes or differences arising between the Parties under or in relation to this Memorandum of ARB.P. 796/2016 Page 1 of 6 Understanding, shall be...
Icici Bank Ltd vs.sunil Singhal & Anr.
Court: Delhi
Decided on: Feb-28-2017
$~15 * % + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. h February, 2017 FAO162017 & CM No.1090/2017 ICICI BANK LTD ..... Appellant Through: Mr. Punit K. Bhalla, Adv. versus SUNIL SINGHAL & ANR. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) Learned counsel for the appellant seeks dispensation of the service of notice on the respondent on the ground that the impugned order was passed by the learned Trial Court before service of notice on the respondent. The Trial Court record has been perused. Considering that the impugned order was passed before service of notice on the respondent, the notice to the respondent in this appeal is dispensed with and the appeal is taken up for hearing.2. The appellant instituted a suit for recovery of Rs.4,12,945.15/- against the respondent on the ground that the appellant advanced a loan of Rs.4,92,880/- to the respondent for purchase of car make AL DOST LS. The loan was repayable in 47 monthl...
Icici Bank Ltd vs.suresh & Anr.
Court: Delhi
Decided on: Feb-28-2017
$~19 * % + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:28. h February, 2017 FAO512017 & C.M. 3602/2017 ICICI BANK LTD ..... Appellant Through: Mr. Punit K. Bhalla, Adv. versus SURESH & ANR. Through: None. ........ RESPONDENTS CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) Learned counsel for the appellant seeks dispensation of the service of notice on the respondent on the ground that the impugned order was passed by the learned Trial Court before service of notice on the respondent. The Trial Court record has been perused. Considering that the impugned order was passed before service of notice on the respondent, the notice to the respondent in this appeal is dispensed with and the appeal is taken up for hearing.2. The appellant instituted a suit for recovery of Rs.4,67,734.28 against the respondent on the ground that the appellant advanced a loan of Rs.5,07,780/- to the respondent for purchase of car make AL DOST LS. The loan was repayable in 35 monthly instalme...
Gnct of Delhi and Ors vs.vishal Narula
Court: Delhi
Decided on: Feb-28-2017
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 524/2012 Date of Decision:28. h February, 2017 GNCT OF DELHI AND ORS Through: Mr. Peeyosh Kalra, Advocate ........ Petitioners versus VISHAL NARULA ..... Respondent Through: Mr. Vikram Nandarajog, Advocate CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR % ORDER2802.2017 SANJIV KHANNA, J.(ORAL): Vishal Narula was prosecuted and vide judgment dated 1.3.2008 passed by the Special Judge, Delhi convicted under Sections 7 and 13(2) of the Prevention of Corruption Act, 1988. The charge was that he had asked and taken bribe from one Karamsheel to help him in getting the good marks in practicals in the selection process for appointment.2. He was sentenced to undergo two years rigorous imprisonment and pay fine of Rs.5,000/- for the two offences.3. The appeal preferred, challenging the conviction was dismissed. It WP(C) No.524/2012 Page 1 of 13 has been stated at the Bar that the Special Leave to Appeal filed by...
Calcutta Haldia Port Road Company Ltd vs.m/s Arss Infrastructure Proje ...
Court: Delhi
Decided on: Feb-28-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:28. 02.2017 O.M.P. (COMM) 557/2016 % + CALCUTTA HALDIA PORT ROAD COMPANY LTD ........ Petitioner Versus M/S ARSS INFRASTRUCTURE PROJECTS LTD. ..... Respondent Advocates who appeared in this case: For the... Petitioner For the Respondent : Mr Ramesh Kumar and Ms Udita Malviya. : Ms Kiran Suri, Senior Advocate with Mr Purvesh Buttan and Mr Fahad Tamtiaz. CORAM HONBLE MR JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J1 The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) inter alia impugning an arbitral award dated 10.05.2013 (hereafter the impugned award) made by the Sole Arbitrator. The petitioner was constituted as a special purpose vehicle by the National Highways Authority of India (NHAI). The petitioner entered into an agreement dated 24.07.2002 with M/s CWHEC-HCIL (JV) - hereafter the contractor - for four laning of National Highway No.41 from Kola...
Abbott Healthcare Pvt. Ltd. Vs.m/s. Fizark Healthcare & Anr.
Court: Delhi
Decided on: Feb-28-2017
$ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:16. h February, 2017 Pronounced on:28. h February, 2017 + CS (OS) 3799/2014 ABBOTT HEALTHCARE PVT. LTD. ..... Plaintiff Through: Ms. Astha Joshi, Advocate versus M/S. FIZARK HEALTHCARE & ANR. ..... Defendants Through: Ex parte CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT1 This civil suit raises the issue of infringement of plaintiffs trademark ESGIPYRIN, registered as trademark no.293710 in Class 05 on 1st January, 1974, initially in the name of Suhrid Geigy Limited (SGL), the said company having later changed its name to S.G. Chemicals and Pharmaceuticals Limited (SGCPL) eventually merging with Ambala Sarabhai Enterprises Limited (ASE) forming, in due course, a joint venture (JV) company called Compact Pharma Private Limited, converting into Compact Pharma Limited and later changing its name to Sarabhai Piramal Pharmaceuticals Limited in whose CS (OS) 3799/2014 Page 1 of 7 favour the said registered trademark was assigned by ASE...
Dal Chand vs.bhupinder Singh & Anr
Court: Delhi
Decided on: Feb-28-2017
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: February 28, 2017 RC.REV. 81/2017 and CM No.6756/2017 (stay) $~A-38 * % + DAL CHAND Through Mr.Subhashish Mohanty, Advocate Versus ........ Petitioner BHUPINDER SINGH & ANR ........ RESPONDENTS Through Mr.S.Satyanarayan, Advocate with respondents-in-person. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. By the present revision petition filed under Section 25 B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act), the petitioner seeks to impugn the eviction order dated 01.07.2016 passed by the trial court.2. The respondents filed an eviction petition under Section 14(1)(e) of the DRC Act regarding premises being a shop on Rohtak Road, Delhi.3. The summons were served on the petitioner on 28.01.2016. The petitioner was obliged to file an application for leave to defend within 15 days of service of summons. However, leave to defend application was filed on 18.02.2016 beyond the period of ...
Icici Bank Ltd vs.rajesh Yadav
Court: Delhi
Decided on: Feb-28-2017
$~5 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO2012016 ICICI BANK LTD Date of Decision:28. h February, 2017 ..... Appellant Through: Mr. Punit K. Bhalla, Adv. versus RAJESH YADAV Through: None. ..... Respondent CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) CM No.16854-55/2016 The delay in filing and re-filing the appeal is condoned. The applications are disposed of. FAO2012016 & CM No.16852/2016 1. Learned counsel for the appellant seeks dispensation of the service of notice on the respondent on the ground that the impugned order was passed by the learned Trial Court before service of notice on the respondent. Considering that the impugned order was passed before service of notice on the respondent, the notice to the respondent in this appeal is dispensed with and the appeal is taken up for hearing.2. The appellant instituted a suit for recovery of Rs.6,67,861.69 against the respondent on the ground that the appellant advanced a loan of Rs.6,75,000/- to the respondent for...
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