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Delhi Court February 2017 Judgments

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Feb 01 2017

Shiv Narayan Bhardwaj & Anr vs.m/s Raman Educational Welfare Society & ...

Court: Delhi

Decided on: Feb-01-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. 2.2017 $~A-11 * % + CM(M) 1137/2015 & CM No.25211/2016 SHIV NARAYAN BHARDWAJ & ANR ........ Petitioners versus Through Mr.Ajay Kumar, Adv. M/S RAMAN EDUCATIONAL WELFARE SOCIETY & ORS ........ RESPONDENTS Through Mr.J.P.Sengh, Sr.Advocate with Mr.Ravinder Narwal, Mr.Naresh Chahar & Ms.Manisha Mehta, Advocates for R-1 & R-2 Mr.Smita Maan, Advocate for R-3 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) CM No.27462/2015 (Delay) For the reasons stated in the petition the delay of 8 days in filing the petition is condoned. Application is allowed. CM(M) 1137/2015 & CM No.25211/2016 1. By the present petition filed under Article 227 of the Constitution of India the petitioner seeks to impugn the order dated 13.7.2015 by which an CM(M) 1137/2015 Page 1 of 7 application filed by the petitioner under Order 12 Rule 6 CPC for passing of a decree against the respondent was dismissed.2. The petitioners have filed a suit against...


Feb 01 2017

Sgs Construction & Developers Pvt Ltd. Vs.housing and Urban Developmen ...

Court: Delhi

Decided on: Feb-01-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 01,2017 + LPA2212016 & CM Nos.12231, 12232/2016 HOUSING AND URBAN DEVELOPMENT CORPORATION LTD (HUDCO) Versus SGS CONSTRUCTION AND DEVELOPERS PVT LTD & ORS. ..... Appellant ....... RESPONDENTS LPA2232016 & CM Nos.12347, 12348, 12351, 12352, 12353/2016 HOUSING AND URBAN DEVELOPMENT CORPORATION LTD (HUDCO) ..... Appellant Versus K M REALCON PVT LTD & ORS ....... RESPONDENTS + + + LPA2252016 & CM Nos.12401, 12403/2016 SGS CONSTRUCTION & DEVELOPERS PVT LTD. ..... Appellant Versus HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. & ORS. ....... RESPONDENTS LPA2482016 & CM Nos.13926-28/2016 MAHARAJI EDUCATION TRUST ..... Appellant Versus HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. & ORS. ....... RESPONDENTS LPAs No.221, 223, 225, 248 & 249 of 2016 & WP(C) Nos.2604/2013, 4412/2013, 7261/2015 & 3047/2016 Page 1 of 33 + LPA2492016 & CM Nos.13931-32, 15107-08/2016 MAHARAJI EDUCATION TRUST ..... Appellant Versus HOUSING AND URBAN...


Feb 01 2017

Manju Devi & Ors. Vs.m/s. r.b.l. Bank Ltd. & Ors

Court: Delhi

Decided on: Feb-01-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:01. 02.2017 + W.P.(C) 11766/2016 & CM No.46429/2016 (for stay) MANJU DEVI & ORS. ........ Petitioner Through: Mr. Anurag Jain, Advocate. Versus M/S. R.B.L. BANK LTD. & ORS. ........ RESPONDENTS Through: Mr. Ramesh Gopinathan, Advocate for respondent No.1. CORAM: HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE ANIL KUMAR CHAWLA JUDGMENT INDIRA BANERJEE, J1 In this writ petition, the petitioners have challenged an order dated 05.12.2016 passed by the Debts Recovery Appellate Tribunal, Delhi, in Misc. Appeal No.460/2016, against an order dated 16.11.2016, passed by the Debt Recovery Tribunal, Delhi, in an application filed by the petitioners under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, hereinafter referred to as the Securitisation Act being SA No.205/2016, whereby the WP(C). 11766/2016 1 order of status quo in respect of the property being the...


Feb 01 2017

Shri Parshotam Kumar vs.hafiz mohd.sami(since Deceased) Through His Lr ...

Court: Delhi

Decided on: Feb-01-2017

$~A-34 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI CM(M) 130/2017 Date of decision:01. 02.2017 Through Mr.S.D.Ansari, Adv. ........ Petitioner SHRI PARSHOTAM KUMAR HAFIZ MOHD.SAMI(SINCE DECEASED) THROUGH HIS LRS & ORS. versus ..... Respondent Through Mr.Deepak Gupta, Mr.Jai Mohan and Mr.Gaurav Shankar, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) CM No.4081/2017 Allowed subject to all just exceptions. CM No.4082/2017 For the reasons stated in the application the delay of 10 days in re- filing the petition is condoned. Application is allowed. CM(M) 130/2017 & CM No.4080/2017 (stay) 1. The present petition is filed under Article 227 of the Constitution of India seeking to impugn the order dated 15.10.2016 passed by the appellate court disposing of a preliminary issue regarding maintainability of the appeal.2. The petitioner seeks to raise a legal plea, namely, that in case the appellant files a review petition against a judgment in terms of order 47 CPC he cannot ...


Feb 01 2017

M/S Gujarat Nre Coke Limited & Anr. Vs.m/s Jindal Steel and Power Limi ...

Court: Delhi

Decided on: Feb-01-2017

$~31 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (COMM) 41/2017 M/S GUJARAT NRE COKE LIMITED & ANR. ........ Petitioners Through: Mr Balbir Singh, Senior Advocate with Mr Sandeep Bajaj, Mr Soaib Qureshi, Mr Abhishek Baghel, Ms Kritika Seth, Advocates alongwith Mr Nitin Daga, AR. versus M/S JINDAL STEEL AND POWER LIMITED ..... Respondent Through: Mr Gopal Jain, Senior Advocate with Mr Ajay Bhargava, Mr Rajiv Bhatnagar, Mr Anshuman Sharma, Mr Shreshth Sharma, Mr Aseem Chaturvedi and Mr Vipul Joshi, Advocates. CORAM: HONBLE MR. JUSTICE VIBHU BAKHRU ORDER0102.2017 % VIBHU BAKHRU, J IA No.1332/2017 Allowed, subject to all just exceptions. The application is disposed of. O.M.P. (COMM) 41/2017 & IA No.1333/2017 The petitioners have filed the present petition under section 34 of the 1. Arbitration and Conciliation Act, 1996 (hereafter 'the Act') assailing the arbitral award (hereafter 'the impugned award' ) dated 16.08.2016 entered by the sole arbitrator, Justice Vikramajit Sen, a forme...


Feb 01 2017

Yogesh Sharma & Anr vs.dy Labour Commissioner (Dist. East and North We ...

Court: Delhi

Decided on: Feb-01-2017

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:01. t February, 2017 + W.P.(C) 7915/2015 and C.M. Appl. Nos.16000-01/2015 YOGESH SHARMA & ANR ........ Petitioners Through: Ms. Jyoti Singh, Senior Advocate with Ms. Archana Gaur, Advocates versus DY LABOUR COMMISSIONER (DIST. EAST AND NORTH WEST) & ANR ........ RESPONDENTS Through: Mr. Sanjoy Ghose, Addl. Standing Counsel for respondent No.1 Mr. Mahesh Ranjan, Advocate for respondent No.2 CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The petitioners have challenged the ex parte order dated 14th May, 2015 whereby the Commissioner, Employees Compensation has awarded compensation of Rs.8,51,299/- to respondent No.2.2. Respondent No.2 filed an application for compensation before the Commissioner, Employees Compensation on the allegation that she was working as permanent employee with the petitioner in the packing department on a monthly salary of Rs.7,500/- since 24th July, 2008; on 24th May, 2013 at 07:00 p.m. s...


Feb 01 2017

Rakesh Talwar vs.sudesh Gulati

Court: Delhi

Decided on: Feb-01-2017

$~A-4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:1. 2.2017 RC.REV. 207/2016 & CM No.13796/2016 RAKESH TALWAR ........ Petitioner Through Ms.Shabnam Sheikh, Advocate Versus SUDESH GULATI ..... Respondent Through Mr.Rama Shankar and Mr.Shivam Garg, Advocates 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 (hereinafter referred to as The DRC Act) seeking to challenge the eviction order dated 16.7.2015 passed by the Additional Rent Controller (hereinafter referred to as the ARC) under Section 14(1)(e) of the DRC Act.2. The respondent filed an Eviction Petition for shop Private No.4, front side in the property No.H-61, Kalkaji, New Delhi. It was urged that the shop was let out by the father of the respondent to the petitioner sometime in 1981-82. The father of the respondent Shri Hansraj was the absolute owner and left behind a Will dated 30.5.2007. In view of the Wi...


Feb 01 2017

Archana vs.himanshu Bahl

Court: Delhi

Decided on: Feb-01-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on : January 25, 2017 Judgment Delivered on : February 01, 2017 MAT.A.(F.C.) 54/2016 ARCHANA .....Appellant Represented by: Ms.Jaya Tomar, Advocate with Appellant in person versus * % + HIMANSHU BAHL .....Respondent Represented by: Mr.Sharad Chandra, Advocate with Mr.Sanjay Agarwal, Advocate and Respondent in person CORAM: HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MR. JUSTICE YOGESH KHANNA PRADEEP NANDRAJOG, J.1. The parties were married on December 14, 2006. Regretfully, the marriage lasted for only one year. Archana left the matrimonial house on January 21, 2008. Petition seeking annulment of the marriage was filed on March 26, 2008 by Himanshu alleging mental cruelty.2. As per Himanshu, attitude of Archana from the beginning of the marriage was not congenial for a good matrimonial living. Notwithstanding marriage being consummated there were issues and issues raised by Archana. Himanshu lays the foundation for the cruelty...


Feb 01 2017

M/S k.m. Realcon Pvt. Ltd. & Anr vs.housing and Urban Development Corp ...

Court: Delhi

Decided on: Feb-01-2017

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: February 01,2017 + LPA2212016 & CM Nos.12231, 12232/2016 HOUSING AND URBAN DEVELOPMENT CORPORATION LTD (HUDCO) Versus SGS CONSTRUCTION AND DEVELOPERS PVT LTD & ORS. ..... Appellant ....... RESPONDENTS LPA2232016 & CM Nos.12347, 12348, 12351, 12352, 12353/2016 HOUSING AND URBAN DEVELOPMENT CORPORATION LTD (HUDCO) ..... Appellant Versus K M REALCON PVT LTD & ORS ....... RESPONDENTS + + + LPA2252016 & CM Nos.12401, 12403/2016 SGS CONSTRUCTION & DEVELOPERS PVT LTD. ..... Appellant Versus HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. & ORS. ....... RESPONDENTS LPA2482016 & CM Nos.13926-28/2016 MAHARAJI EDUCATION TRUST ..... Appellant Versus HOUSING AND URBAN DEVELOPMENT CORPORATION LTD. & ORS. ....... RESPONDENTS LPAs No.221, 223, 225, 248 & 249 of 2016 & WP(C) Nos.2604/2013, 4412/2013, 7261/2015 & 3047/2016 Page 1 of 33 + LPA2492016 & CM Nos.13931-32, 15107-08/2016 MAHARAJI EDUCATION TRUST ..... Appellant Versus HOUSING AND URBAN...


Feb 01 2017

Icici Lombard General Insurance Co. Ltd. Vs.geeta and Ors.

Court: Delhi

Decided on: Feb-01-2017

R-213 & 214 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: February 01, 2017 (i) + MAC.APP. 154/2009 (ii) + MAC.APP.482/2011 ICICI LOMBARD GENERAL INSURANCE CO. LTD. Through: Mr. Pankaj Seth, Advocate ..... Appellant Versus GEETA AND ORS. ........ RESPONDENTS Through: Mr. Nitinjya Chaudhary & Mr. Rajiv Trivedi, Advocates CORAM: HON'BLE MR. JUSTICE SUNIL GAUR % ORAL1 JUDGMENT The above captioned two appeals are directed against common impugned Award of 6th January, 2009, vide which compensation of `12,54,000/- with interest @ 7.5% p.a. has been granted to Claimants on account of death of Vijender, aged about 43 years, in a road accident on 18th December, 2006.2. In the above captioned first appeal, Insurer, who has been granted recovery rights against owner of offending vehicle in question, seeks MAC.APP.154/2009 MAC.APP.482/2011 Page 1 of 6 exoneration. In the above captioned second appeal, Claimant seeks enhancement of compensation. Since these appeals arise out of common...


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