Delhi Court September 2017 Judgments
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Wipro Limited vs.employees State Insurance Corporation & Another
Court: Delhi
Decided on: Sep-25-2017
$~40 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. 09.2017 + O.M.P.(I)(COMM.) 393/2017 WIPRO LIMITED ........ Petitioner versus EMPLOYEES STATE INSURANCE CORPORATION & ANOTHER ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner : Mr Sandeep Sethi, Senior Advocate and Mr Dayan Krishnan, Senior Advocate with Mr Dhirendra Negi and Ms Pragya Chauhan. For the... RESPONDENTS : Mr Saurabh Chadda for R-1. CORAM: HON'BLE MR. JUSTICE SANJEEV SACHDEVA JUDGMENT2509.2017 SANJEEV SACHDEVA, J.(ORAL) IA No.11261/2017(exemption) Allowed, subject to all just exceptions. O.M.P.(I) (COMM.) 393/2017 1. The petitioner, by this petition under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the ========================================================== Page 1 of 7 O.M.P.(I) (COMM.) 393/2017 Act), seeks a restraint on respondent No.1 from invoking and encashing the bank guarantee dated 26.03.2009 in the sum of Rs.23,63,64,340...
National Insurance Company Ltd. Vs.renu & Ors.
Court: Delhi
Decided on: Sep-25-2017
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC APPEAL4142017 Decided on:25. h September, 2017 NATIONAL INSURANCE COMPANY LTD. ..... Appellant Through: Mr. Shoumik Mazumdar, versus Advocate RENU & ORS. Through: Mr. Partap Singh, Advocate ........ RESPONDENTS with Mr. Aunil Aimd, Advocate for R-1 to R-3. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Jaswinder Singh, aged 27 years old, died in a motor vehicular accident that occurred on the night intervening 9th & 10th September, 2014, on account of negligent driving of tanker bearing registration No.DL-1M-6365, admittedly insured against third party risk with the appellant insurance company. In the accident, one Balak Singh had also suffered injuries. Two accident claim cases were filed including one (MACP No.11/2015) seeking compensation on account of death of Jaswinder Singh, the other being for injuries suffered by Balak Singh. Both claim cases were clubbed and, after inquiry, decided by the tribunal by common judgment...
Tata Aig General Insurance Co. Ltd. Vs.sant Lal Sharma & Ors.
Court: Delhi
Decided on: Sep-25-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.392/2016 + % TATA AIG GENERAL INSURANCE CO. LTD. ..... Appellant 25th September, 2017 Mr. Rudra Kahlon, Adv. Through: versus SANT LAL SHARMA & ORS. ..... Respondent Through: Mr. Radheshyam Singh, Adv. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA for R-1 and 2. To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) FAO No.392/2016 & C.M. Nos. 29625/2016 (for stay) and 7408/2017 (under Order XLI Rule 27 CPC) 1. This first appeal under Section 30 of the Employees Compensation Act, 1923 is filed by the insurance company, respondent no.2 before the Employees Compensation Commissioner below, impugning the judgment of the Employees Compensation Commissioner dated 16.5.2016 by which the Employees Compensation Commissioner has allowed the claim petition filed by the respondent nos. 1 and 2/claimants, legal heirs of the deceased Sh. FAO No.392/2016 Page 1 of 9 Sunny Sharma. Respondent nos. 1 and 2/claimants have been awarded an amount of R...
s.p. Singla Constructions (P) Ltd. Vs.delhi Metro Rail Corporation Lim ...
Court: Delhi
Decided on: Sep-25-2017
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + ARB.P. 576/2017 Judgment delivered on:25. 09.2017 S.P. SINGLA CONSTRUCTIONS (P) LTD ......... Petitioner versus DELHI METRO RAIL CORPORATION LIMITED ...... Respondent Advocates who appeared in this case: For the... Petitioner... RESPONDENTS : : Mr. Anirudh Wadhwa with Mr. Vipul Kumar and Ms. Sanjana Kala, Advocates. Mr. Chandra Prakash, Advocate with Mr. Puneet Garg, Mr. Sanjay Kumar, Legal Officers, DMRC. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT2509.2017 SANJEEV SACHDEVA, J.(ORAL) 1. The petitioner, by the present petition under Section 11 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as the Act) seeks appointment of an independent Arbitral Tribunal to adjudicate the claims of the petitioner.2. The petitioner was awarded a contract by respondent for design and construction of a ramp in Phase-III of the Delhi Metro project pursuant to a Letter of Intent dated 26.07.2012. ARB. PET.576 /2017 Page 1 of 7 3...
Kanhiya Lal Duggal vs.manju Gupta & Ors
Court: Delhi
Decided on: Sep-25-2017
$~5 & 16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 640/2012 Decided on:25. h September, 2017 KANHIYA LAL DUGGAL ..... Appellant Through: Mr Akshay Bhandari for Mr. Rohit Nagpal, Advocate versus MANJU GUPTA & ORS ........ RESPONDENTS Through: Mr. Jatinder Kamra, Advocate for R-1 to 5 Mr. Pankaj Gupta for Ms. Suman Bagga, Advocate for R-7 Mr. Shoumik Mazumdar, Adv. for R-10 + MAC.APP. 320/2010 MANJU GUPTA & ORS ..... Appellants Through: Mr. Hitender Kapur, Advocate versus KANHIYA LAL DUGGAL & ORS ........ RESPONDENTS Through: Mr. Pankaj Gupta for Ms. Suman Bagga, Advocate for R-2 Mr. Shoumik Mazumdar, Adv. for R-5 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) MAC A Nos.640/2012 & 320/2010 Page 1 of 6 1. Parveen Kumar was travelling in a Scorpio car bearing registration no.DL-3C-AH3000with Gurvinder Singh on 13.09.2007, it being driven by Kanhiya Lal Duggal (appellant in MACA6402012) (hereinafter referred to as the car driver) who is also the owner of the car. The car ca...
Oriental Insurance Company Ltd vs.sunita & Ors
Court: Delhi
Decided on: Sep-25-2017
$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h September, 2017 + MAC.APP. 93/2016 and CM34022016 ORIENTAL INSURANCE COMPANY LTD ..... Appellant Through: Mr. Tarkeshwar Nath and Mr. Saurabh Kr. Tuteja, Advocates versus SUNITA & ORS ........ RESPONDENTS Through: Mr. Manoj Kumar, Advocate for R-1 to 5 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Ram Narayan had died on account of injuries sustained in a motor vehicular accident that occurred on 28.11.2004 due to the negligent driving of a motor vehicle described as three wheeler scooter bearing registration no.DL-1RD-6493 (TSR) concededly insured against third party risk with the appellant insurance company. His wife and four children, they being first to fifth respondents, instituted accident claim case (MACA1822012) on 10.05.2012 impleading the parents of the deceased, they being sixth and seventh respondents (collectively referred to as the claimants).2. The Motor Accident Claims Tribunal (Tribunal) held inqu...
Pramod Bhaichand Raisoni vs.central Registrar of Cooperative Socities ...
Court: Delhi
Decided on: Sep-25-2017
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8560/2017 and CM Nos. 35236/2017 (stay) and CM352372017 PRAMOD BHAICHAND RAISONI ........ Petitioner Through: Mr Rakesh Munjal, Sr. Adv. with Mr Ankur Arora and Mr Rajendra Singh and Mohd. Atif, Advs. versus CENTRAL REGISTRAR OF COOPERATIVE SOCITIES AND ANR. ........ RESPONDENTS Through: Mr Abhay Prakash Sahay, CGSC and Ms J.Priyadarshini, Adv. for UOI CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % 1. ORDER2509.2017 The petitioner is aggrieved by an order dated 27.10.2015 passed by the respondent No.1/Central Registrar of Cooperative Societies under Section 86 of the Multi-State Cooperative Societies Act, 2000, appointing the respondent No.2 as a Liquidator of Bhaichand Hirachand Raisoni Multi-State Cooperative Society Limited, having its registered office at Jalgaon, Maharashtra. The petitioner also seeks to assail an order dated 19.06.2017 passed by the Appellate Authority, dismissing his appeal against...
M/S Sharda Ispat Limited (Sil) vs.union of India & Ors
Court: Delhi
Decided on: Sep-25-2017
$~78 *IN THE HIGH COURT OF DELHI AT NEW DELHI + % M/S SHARDA ISPAT LIMITED (SIL) W.P.(C)No.8565/2017 ........ Petitioner Date of decision :25. h September, 2017 Through : Mr. Ashok Kr. Jain, Mr. Pankaj Jain and Ms. Priyanka Das, Advs. versus UNION OF INDIA & ORS ........ RESPONDENTS Through : Mr. Dev. P. Bhardwaj, CGSC for R-1/UOI with Mr. Satya prakash Singh and Mr. Surender Kumar, Advs. Mr. Abhishek Anand and Ms. Srishti Kapoor, Advs. for R-3 CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 This writ petition has been filed by the petitioner pointing out that by an order dated 21st January, 2010 (page 50), the Board of Industrial & Financial Reconstruction (BIFR hereafter) sanctioned a scheme (SS10) for demerger of two companies namely M/s Sharda W.P.(C)No.8565/2017 Page 1 of 4 Ispat Industries Ltd. (SIIL) and the Sarda Power and Steel Limited (SPSL) which demerger was being worked out.2. Due to the interven...
Michele Caboni vs.union of India and Anr.
Court: Delhi
Decided on: Sep-25-2017
$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 8619/2017 % Date of Decision:25. h September, 2017 MICHELE CABONI ........ Petitioner Through: Mr. Mahesh Kumar with Mr. Debashis Mukherjee and Ms. Simran Soni, Advs. versus UNION OF INDIA AND ANR. ..... Respondent Through: Mr. P.S. Singh, Adv. for respondents. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HONBLE MR. JUSTICE C. HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE CM No.35409/2017 (for exemption) Allowed, subject to all just exceptions. CM stands disposed of. W.P.(C) No.8619/2017 1. This writ petition lays a challenge to the Constitutional validity of Sections 11(B) and 117A(1) of the Patents Act, 1970 (hereinafter referred to as the Act) and Rules 24B and 138 of the Patents Rules, 2003 (hereinafter referred to as the Rules) framed therein inter alia on the ground that the Rules do not provide an opportunity to the parties of being heard before their rights W.P.(C) No.8619/2017 Page 1 of 10 regarding an applic...
Subodh Kumar Yaduvanshi vs.guddo Devi & Ors.
Court: Delhi
Decided on: Sep-25-2017
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:25. h September, 2017 + MAC APPEAL No.676/2015 SUBODH KUMAR YADUVANSHI ..... Appellants Through: Mr. S.C. Singhal, Adv. versus GUDDO DEVI & ORS. ........ RESPONDENTS Through: Mr. Arun Srivastava & Ms. Anupama, Adv. for R-1 to 4. Mr. R.S. Kundu, Adv. for R-5. Ms. Babita Seth, Adv. for R-6. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA1 JUDGMENT (ORAL) Rakesh Kumar, a pedestrian while crossing road at about 9.15 p.m. on 04.08.2009 in the area of Uttam Nagar, was hit by a motor vehicle described as motorcycle bearing registration No.DL4AE5718(the motorcycle) and suffered injuries that proved fatal. His wife and other members of the family dependent on him, they being first to fourth respondents (collectively, the claimants) instituted accident claim case (MACP3062009) on the averments that the accident had been caused due to negligent driving of motorcycle by the fifth respondent herein (the driver). The motorcycle on the relevant date was ...
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