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Delhi Court April 2017 Judgments

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Apr 26 2017

Surender Kumar Gupta vs.moti Lal Oswal Securities Limited

Court: Delhi

Decided on: Apr-26-2017

* + % IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.188/2017 26th April, 2017 SURENDER KUMAR GUPTA Through: ..... Appellant In person. versus MOTI LAL OSWAL SECURITIES LIMITED ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.15514/2017 Exemption allowed, subject to all just exceptions. C.M. stands disposed of. FAO No.188/2017 1. This first appeal under Section 37 of the Arbitration and Conciliation Act, 1996 impugns the judgment of the Court below dated 29.3.2017 dismissing the objections filed by the appellant under Section 34 of the Arbitration and Conciliation Act.2. By the objections, the appellant had challenged the award of the panel of three arbitrators dated 10.2.2016 rejecting the claim petition. The Award of the arbitrators dated 10.2.2016 achieved FAO No.188/2017 Page 1 of 6 finality on dismissing of the appeal by the appellate award dated 30.5.2016 of the panel of three arbitrators. T...


Apr 26 2017

Pratham Mittal vs.the Registrar, Cooperative Societies, Delhi and Anr

Court: Delhi

Decided on: Apr-26-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI PRATHAM MITTAL $~10 * + W.P.(C) 5884/2016 versus ........ Petitioner Through: Mr. Prasouk Jain, Advocate THE REGISTRAR, COOPERATIVE SOCIETIES, DELHI & ANR ........ RESPONDENTS Through: Mr. Peeyoosh Kalra, ASC for R-1/RCS- GNCTD . Mr. Kamal Bansal, Advocate for R-2. % 1. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL The present petition arises out of an order dated 28.11.2016, passed ORDER2604.2017 by the Assistant Registrar Cooperative Societies on a claim petition filed by the petitioner herein and three others against the Respondent No.2/Bank and twelve of its Directors who were elected in the election held on 17.07.2016.2. During the pendency of the present petition, the respondent filed a petition under Section 70 of DCS Act, 2003, for setting aside of the elections to the Board of Directors of the respondent/Bank, alleging therein that the elections were illegal and unconstitutional. The said petition was, ...


Apr 26 2017

M/S Joule Infrastructure Private Ltd. & Anr vs.indian Overseas Bank & ...

Court: Delhi

Decided on: Apr-26-2017

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4558/2016 & CM263872016 1. M/S JOULE INFRASTRUCTURE PRIVATE LTD. & ANR Through : Mr. Hemant Chaudhri with Mr. Arjun Bhaskar, Advocates ........ Petitioners versus INDIAN OVERSEAS BANK & ANR ........ RESPONDENTS Through : Mr. Pramod Kumar with Mr. B.P. Singh, Advocates for R-1. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL % The petitioners are aggrieved by the order dated 28.3.2016 passed by ORDER2604.2017 the DRT-I, Delhi, whereunder the petitioner No.2/guarantor had challenged the valuation report in respect of premises No.7A/3, Friends Colony (West), New Delhi, offered by him to the respondent No.1/Bank, on behalf of the petitioner No.1/borrower.2. By the impugned order dated 28.3.2016, the petitioner No.2 was granted an opportunity to bring his own buyer for any of the floors of the subject premises as per his own valuation, within 15 days from the date of passing of the said order. It was ho...


Apr 26 2017

Amit@rahul vs.state (Thru Nct of Delhi)

Court: Delhi

Decided on: Apr-26-2017

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. No.951/2002 Date of Decision :26. h APRIL, 2017 AMIT@RAHUL Curiae) Through Mr.Yogesh Verma, Adv. (Amicus ..... APPELLANT versus STATE (THRU NCT OF DELHI) ..... RESPONDENT Through Mr.Panna Lal Sharma, Additional Public Prosecutor for the State with ASI Rajender Prasad, PS Delhi Cantt. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J Aggrieved by the judgment of conviction dated 27th 1. September, 2002, convicting the appellant as well as the co- accused under Section 397 of the Indian Penal Code, 1985 and order on sentence dated 28th September, 2002, vide which the sentence was passed against the appellant as well as the co- accused, to undergo rigorous imprisonment for a period of seven years and to pay a fine of Rs.500/- each for the offence punishable under Section 397 of the IPC, in default of payment of fine, appellant was ordered to undergo simple imprisonment for three months, the present appeal has been filed. The facts in bri...


Apr 26 2017

State (Govt. Of Nct of Delhi) vs.bhanwar Banjara

Court: Delhi

Decided on: Apr-26-2017

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DECIDED ON :26. h APRIL, 2017 CRL.M.C. 1674/2017 STATE (GOVT. OF NCT OF DELHI) ........ Petitioner Through : Mr.Amit Gupta, APP. versus BHANWAR BANJARA ..... Respondent Through : None. CORAM: HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.(Oral) CRL.M.A.No.6797/2017 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of. CRL.M.C. 1674/2017 1. Present petition under Section 482 Cr.P.C. has been preferred by the State to challenge a judgment dated 22.07.2016 of learned Addl. Sessions Judge in Criminal Revision No.119/2016 whereby order dated 01.07.2016 of learned Metropolitan Magistrate declining to release the animals / livestock seized in the case was set aside.2. I have heard the learned APP and have examined the file. The animals detailed in the impugned order were seized on 21.06.2016 when they were being transported in a truck bearing No.HR-74-6646. These were Crl.M.C.1674/2017 Page 1 of 2 ordered ...


Apr 26 2017

Sunair Hotels Limited vs.union of India and Anr.

Court: Delhi

Decided on: Apr-26-2017

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved On:21. 03.2017 Judgment Pronounced On:26. 04.2017 + W.P.(C) 3444/2016, CMs 14719/2016, 23374/2016, 26642/2016 & 42075/2016 SUNAIR HOTELS LIMITED ...... Petitioner versus UNION OF INDIA AND ANR. ...... RESPONDENTS Advocates who appeared in this case: For the... Petitioner: For the... RESPONDENTS: Mr. Suhail Dutt, Sr. Advocate with Mr. Atul Sharma, Mr. Nitesh Jain and Mr. Amit Dhaka, Advocates. Mr. Dev. P. Bhardwaj, CGSC for R-1/UOI with Mr. U.K. Sahu, JD, Ms. Anshu Tandon, DD, Mr. D.K. Singh, STA and Mr. Sanjay Chaubey, Law Consultant Mr. Dayan Krishnan, Sr. Advocate with Ms. Bina Gupta, Ms. Rakhi Ray and Ms. Akashi, Advocates for R-2. WP(C) No.3444/2016 Page 1 of 44 CORAM: HONBLE MR. JUSTICE SIDDHARTH MRIDUL JUDGMENT SIDDHARTH MRIDUL, J.1. The present writ petition instituted under Article 226 of the Constitution of India, seeks to assail the order dated 29.02.2016 (hereinafter referred to as the impugned order), rendered by the ...


Apr 26 2017

Sandeep Sharma vs.state thr.nct of Delhi & Anr.

Court: Delhi

Decided on: Apr-26-2017

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : April 26, 2017 CRL.M.C. 530/2017 SANDEEP SHARMA ........ Petitioner Through: Mr.Kirti Uppal, Senior Advocate with Mr.Sumit Bansal, Ms.Richa Oberoi & Mr.Harsh Kumar, Advocates versus STATE THR.NCT OF DELHI & ANR. ........ RESPONDENTS Through: Mr.Panna Lal Sharma, Additional Public Prosecutor for the State CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J.JUDGMENT By this petition filed under Section 482 of Cr. P.C. the 1. petitioner seeks for quashing of the FIR No.2dated 20.05.2013, under Section 323/342/506/376 of IPC registered at Police Station Gazipur, Delhi. It is informed that the charge sheet in this case has been filed 2. and the learned Additional Sessions Judge (Special Fast Track Court), East District, Karkardooma Courts, Delhi, has passed an order dated 03.10.2016 in S.C. No.392/2016 (S.C. No.95/2015) whereby the petitioner has been charged for the offences punishable under Sections Crl. M.C. No.530/2017 Page...


Apr 26 2017

Holland l.p. & Anr vs.a.d. Electro Stell Co. Pvt. Ltd.

Court: Delhi

Decided on: Apr-26-2017

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :18. 4.2017 Judgment delivered on :26. 4.2017 CS(COMM) 83/2017 HOLLAND L.P. & ANR ...... Plaintiffs Through Mr. J.Sai Deepak, Mr. Mohit Goel, Mr. Shidhant Goel, Mr. Ashutosh Nagar and Mr. Abhishek Kotnala, Advs. versus A.D. ELECTRO STELL CO. PVT. LTD. ..... Defendants Through Mr. Rajesh Mahendru, Adv for D-1. Mr. Ashwani Bhardwaj, Adv for D-2 to D-4. Mr. G. S. Chaturvedi and Mr. R. Madhav Bera, Advs for D-3. CORAM: HON'BLE MS. JUSTICE INDERMEET KAUR INDERMEET KAUR, J.I.A. No.4740/2014 (under Order XXXIX Rules 1 & 2 CPC) 1 Present suit is a suit for permanent injunction restraining infringement of copyright, rendition of accounts and damages. The plaintiff is a company CS(COMM) No.83/2017 Page 1 of 26 incorporated under the law of United States of America having its registered office at Illinois, USA. 2 Plaintiff No.2 is a partnership firm registered under the laws of India having its registered office at Greater Kail...


Apr 26 2017

M/S Basai Steels and Power Pvt Ltd. Vs.m/s Ifci Ltd

Court: Delhi

Decided on: Apr-26-2017

IN THE HIGH COURT OF DELHI AT NEW DELHI $~8 * + W.P.(C) 3091/2016 & CM APPL.13105/2016 M/S BASAI STEELS & POWER PVT LTD. ....... Petitioner Through: Ms. Maneesha Dhir & Mr. Aseem Swarooop, Advocates. versus M/S IFCI LTD ..... Respondent Through: Mr.Manish Bishnoi & Mr. Sahil, Advocares for R-1/IFCI. Mr.Rajiv Kapur & Mr.Nishant, Advocates for R-2. Mr.Vivek Mr. Sunil Dalal, Advocates for R-3/PNB. Mr.Premtosh Mishra, Ms. Anvesha Dwivedi & Mr. Mohit Sonkar, Advocates for R-5. Jain, Mr.Vijender Jain & CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL The petitioner is aggrieved by an order dated 04.04.2016 passed by ORDER2604.2017 % 1. the learned Debts Recovery Appellate Tribunal (DRAT) turning down its request to stay the proceedings initiated by the respondent No.1 before the Debts Recovery Tribunal-I, Delhi in OA No.97/2014. Vide order dated 11.01.2016 an Interlocutory Application No.13/2015 filed by the petitioner under Section 22 (1) of Sick Industrial C...


Apr 26 2017

Adriyana Eventide & Anr. Vs.dee Mark Hotels & Resorts & Anr.

Court: Delhi

Decided on: Apr-26-2017

* % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:26. h April, 2017 + CRL.M.C. 2298/2014 & CRL.M.A.7704/2014& 8970/2016 ADRIYANA EVENTIDE & ANR. ........ Petitioners Through: Mr.Alok Tripathi, Advocate. versus DEE MARK HOTELS & RESORTS & ANR. ........ RESPONDENTS Through: Mr. Ajay K. Sharma, Advocate. CORAM: HON'BLE MR. JUSTICE I.S.MEHTA I.S. MEHTA, J.JUDGMENT1 The instant petition is preferred by the petitioners under Article 227 of the Constitution of India read with Section 482 Cr.P.C. for setting aside/quashing the impugned order dated 10.02.2014 passed by the learned Metropolitan Magistrate-03, Patiala House Courts, New Delhi in CC. No.258/1A/13 titled as M/sDee Marks Hotel & Resorts vs. M/s Adriyana Eventide & Ors. wherein the learned Metropolitan Magistrate allowed the application moved by the respondents/complainants for condonation of delay of 27 days in filing the complaint under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881. CRL.M.C. 22...


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