Delhi Court September 2017 Judgments
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National Collateral Management Services Limited vs.food Corporation of ...
Court: Delhi
Decided on: Sep-08-2017
$~OS-4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:08. 09.2017 ARB.P. 384/2017 NATIONAL COLLATERAL MANAGEMENT SERVICES LIMITED ........ Petitioner Through Mr.Abhinav Vashist, Sr.Adv. with Mr.Mihir Lahoti, Mr.Sudhanshu Sikka, Ms.Priya Singh, Ms.Amrita Grover and Mr.Pramod Kr.Mathur, Advs. Mr.Divakant Mody, versus FOOD CORPORATION OF INDIA & ANR..... Respondent Through Mr.Om Prakash and Mr.Pradeep Kr.Tripathi, Advs.for R-1 Mr.G.Tushar Rao and Mr.Mayank Sharma, Advs. for R-2 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This unfortunate dispute is between two government controlled/ Public Sector Undertakings quarrelling with each other even on the issue as to whether an Arbitrator should be appointed to adjudicate the disputes between the parties.2. This petition is filed under section 11(5) of the Arbitration and Conciliation Act, 1996 seeking appointment of a Sole Arbitrator to adjudicate the disputes between the parties. On 16.7.2003 respondent No.2...
Iffco Tokio General Insurance Co Ltd vs.suman & Ors
Court: Delhi
Decided on: Sep-08-2017
$~2 & 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.APP. 622/2013 Decided on:08. h September, 2017 IFFCO TOKIO GENERAL INSURANCE CO LTD Through: Mr. Harsh, Advocate .... Appellant Versus INDRA SHARMA & ORS ........ RESPONDENTS Through: Mr. Vishwa Ranjan Kumar, Advocate for R-1 to 4 + MAC.APP. 623/2013 IFFCO TOKIO GENERAL INSURANCE CO LTD Through: Mr. Harsh, Advocate ..... Appellant Versus SUMAN & ORS ........ RESPONDENTS Through: Mr.Rajnish K. Jha, Advocate for R-2 to 5 CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. On 19.01.2009, a motor vehicular accident took place involving two vehicles, one being car bearing registration no.DL-CF-0891 (the MAC A622623/2013 Page 1 of 5 car) and the other, a tanker bearing registration no.PB-04 9573 (tanker), it becoming subject matter of investigation by the police through first information report (FIR no.16/2009) of police station Tanda in District Hoshiarpur, Punjab for offences under Sections 279, 304A, 337, 338, 427 of Indian Penal...
Poonam Sharma & Ors. Vs.oriental In. Co. Ltd. & Ors.
Court: Delhi
Decided on: Sep-08-2017
$~R-173 & 173A * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:8. h September, 2017 + MAC APPEAL No.89/2010 ORIENTAL INSURANCE. CO. LTD. ..... Appellants Through: Mr. Pankaj Seth, Adv. versus POONAM SHARMA & ORS. ..... Respondent Through: Mr. Nitinjya Chaudhary, Adv. + MAC APPEAL No.210/2010 POONAM SHARMA & ORS. ..... Appellants Through: Mr. Nitinjya Chaudhary, Adv. versus ORIENTAL IN. CO. LTD. & ORS. ........ RESPONDENTS Through: Mr. Pankaj Seth, Adv. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA JUDGMENT (ORAL) 1. Kanti Mohan Sharma, suffered injuries in motor vehicular accident that occurred on 26.12.1997 at about 2:30 PM, statedly due to negligent driving of truck bearing registration No.DL1 767, admittedly insured against third party risk with Oriental Insurance Company Ltd. (appellant in MAC Appeal No.89/2010). His wife and other members of the family dependent upon him (claimants), MAC Appeal No.89 & 210 of 2010 Page 1 of 6 they being appellants in MAC Appeal No.210/2010, instituted...
Sidharth Kumar vs.alok Kumar
Court: Delhi
Decided on: Sep-08-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SIDHARTH KUMAR ALOK KUMAR RSA No.77/2016 Reserved on:22. d August, 2017 Pronounced on:8. h September, 2017 Through: Mr. Aniket Jain, Advocate. versus ..... Appellant Through: Mr. Anup Singh, Advocate. ..... Respondent CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J1 This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the first appellate court dated 31.7.2015. Trial court vide its judgment dated 27.5.2014 had decreed the suit for recovery of Rs.1,29,850/- with interest at 8% in favour of the appellant/plaintiff and against the respondent/defendant on account of the goods being computer peripherals supplied. The first appellate court by its impugned judgment has dismissed the suit and hence this RSA No.77/2016 Page 1 of 8 Regular Second Appeal under Section 100 CPC is filed by the appellant/p...
Pritpal Singh Sawhney (Deceased) Through Lrs. Vs.state and Ors.
Court: Delhi
Decided on: Sep-08-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI FAO No.349/2017 + % PRITPAL SINGH SAWHNEY (DECEASED) THROUGH LRS. 8th September, 2017 Through: versus ..... Appellant Mr. Gurvinder Singh, Adv. STATE AND ORS. CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ........ RESPONDENTS To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal under Section 299 of the Indian Succession Act, 1925 impugns the judgment of the probate court below dated 5.6.2017 whereby the petition seeking probate/letters of administration of the Will dated 2.4.1996 of Smt. Shakuntala widow of late Sh. Inder Singh was dismissed. Probate petition has been dismissed as the appellant/petitioner in spite of repeated opportunities failed to lead evidence. FAO No.349/2017 Page 1 of 3 2. Learned counsel for the appellant has drawn the attention of this Court to the earlier order dated 12.5.2017, and which is also impugned in the present appeal, whereby the application under Order XXII Rule 4 CPC for bringing...
Honda Logistics India Pvt. Ltd vs.national Haulers & Ors.
Court: Delhi
Decided on: Sep-08-2017
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:8. h September, 2017 CS(COMM) 1350/2016 HONDA LOGISTICS INDIA PVT. LTD ..... Plaintiff Represented by: Mr. Rajesh Baweja, Advocate NATIONAL HAULERS & ORS. versus Represented by: None. .....Defendants CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.(ORAL) IA25342017 (u/O V R. 20 CPC) 1. By this application the plaintiff had sought substituted service to the defendants; however since the defendants have already been served and not appearing, learned counsel for the defendant does not press the present application.2. Application is dismissed as withdrawn. CS(COMM) 1350/2016 1. The plaintiff company has instituted the present summary suit against the defendants, praying inter alia for a decree of 1,07,98,654/- (Rupees One crore seven lakhs ninety eight thousand six hundred and fifty four only) along with interest @ 18% p.a. from the date of issuance of cheque in question, that is, 31st March, 2016. CS(COMM) 1350/2016 Page 1 of ...
United India Insurance Company Limited vs.anil Kumar & Ors.
Court: Delhi
Decided on: Sep-08-2017
$~R-178 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:8. h September, 2017 + MAC APPEAL No.97/2010 and CM APPL.3126/2010, 3128/2010, 15661/2010 UNITED INDIA INSURANCE COMPANY LIMITED ..... Appellant Through: Mr. Pankaj Seth, Advocate versus ANIL KUMAR & ORS. ........ RESPONDENTS Through: Mr. O.P. Mannie, Advocate for CORAM: HON'BLE MR. JUSTICE R.K.GAUBA R-1. JUDGMENT (ORAL) 1. The first respondent was moving on his motorcycle bearing registration No.DL-8SA-J-2146 on 12.04.2007 with his friend Om Prakash @ Jaggu on the pillion, when he came to be involved in a motor vehicular accident caused due to negligent driving of Tata Tempo bearing registration No.DL-IL-E-6359, admittedly insured against third party risk with the appellant (the insurer) for the period in question. Both suffered injuries, each instituting accident claim case, the case of the first respondent being petition No.403/08. The tribunal clubbed the two cases and held inquiry and, by judgment dated 08.09.2009, accep...
S N Balasubramanian vs.green Valley Cghs Ltd. & Ors.
Court: Delhi
Decided on: Sep-08-2017
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2186/2015 1. S N BALASUBRAMANIAN ........ Petitioner Through: Mr. B.N. Singhvi, Advocate along with Mr. Ankur Sethia, Advocate. versus GREEN VALLEY CGHS LTD. & ORS. ........ RESPONDENTS Through: Mr. Naushad Ahmed Khan, ASC, GNCT along with Ms. Divyani Sehgal, Advocate for R-3/RCS. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE DEEPA SHARMA % The petitioner who is a member of the respondent No.1/ Society has ORDER0809.2017 filed the present petition being aggrieved by a letter dated 29.01.2014, issued by the respondent No.3/RCS dismissing a complaint received from one Sh. Bijay Kumar Sahoo who objected to the approval for grant of membership to the respondent No.2 in respect of flat No.J -301.2. When the petitioner was neither a complainant before the RCS, nor a party to any proceedings that has resulted in the issuance of the impugned letter dated 29.01.2014, we have enquired from learned counsel for the petitioner as t...
Nitin Kumar vs.commissioner of Police & Others
Court: Delhi
Decided on: Sep-08-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI + WRIT PETITION (CIVIL) No.11043/2016 Reserved on:25. h August, 2017 % NITIN KUMAR Date of Decision:8. h September, 2017 ....Petitioner Through Mr. H.K. Chaturvedi, Advocate. Versus COMMISSIONER OF POLICE & OTHERS ..Respondents Through Mr. Anuj Aggarwal, ASC for GNCTD. WRIT PETITION (CIVIL) No.11044/2016 AVINASH KUMAR ....Petitioner Through Mr. H.K. Chaturvedi, Advocate. Versus COMMISSIONER OF POLICE & OTHERS ..Respondents Through Mr. Anuj Aggarwal, ASC for GNCTD. WRIT PETITION (CIVIL) No.11045/2016 ASHISH KUMAR ....Petitioner Through Mr. H.K. Chaturvedi, Advocate. Versus COMMISSIONER OF POLICE & OTHERS ..Respondents Through Mr. Anuj Aggarwal, ASC for GNCTD. W.P.(C)No.11043/2016+connected matters Page 1 of 25 CORAM: HONBLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR SANJIV KHANNA, J.The three aforestated writ petitions impugn the order dated 16th July, 2016 passed by the Principal Bench of the Central Administrative Tribunal (...
Neera Khanna vs.government of India & Ors.
Court: Delhi
Decided on: Sep-08-2017
* IN THE HIGH COURT OF DELHI AT NEW DELHI + % NEERA KHANNA RFA No.771/2017 8th September, 2017 Mr. V. Madhukar, Adv. ..... Appellant Through: versus GOVERNMENT OF INDIA & ORS. ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This first appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the trial court dated 9.5.2017 dismissing the suit for recovery of Rs.4,60,000/- with interest.2. In the suit filed by the appellant/plaintiff there were four defendants. Defendant no.1 was the Government of India. Defendant no.2 was the Post Master of Lodi Road Post Office, New Delhi. The main culprit being Sh. Rakesh Kumar Jain was sued as defendant no.3 RFA No.771/2017 Page 1 of 7 in the suit but surprisingly in the suit no relief was claimed against this Sh. Rakesh Kumar Jain/defendant no.3. Defendant no.4 was Central Bank of India and whos...
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