Delhi Court October 2018 Judgments
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Shankar Lal vs.rajinder Singhal & Ors
Court: Delhi
Decided on: Oct-16-2018
* + IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.857/2018 % SHANKAR LAL16h October, 2018 ..... Appellant Through: Mr. Sanjay Poddar, Sr. Advocate with Mr. Shivam Goel, Advocate (Mobile No.9871339314). versus RAJINDER SINGHAL & ORS ........ RESPONDENTS CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) C.M. Appl. No.43446/2018 (for exemption) 1. Exemption allowed, subject to all just exceptions. C.M. stands disposed of. RFA8572018 and C.M. Appl. No.43445/2018 (for stay) 2. This Regular 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 18.07.2018 by which the trial court has dismissed the suit for possession and mesne profits RFA No.857/2018 Page 1 of 14 filed by the appellant/plaintiff with respect to the area shown in red colour in the site plan attached to the plaint which forms a part of the property bearing No.W-2...
Smt Meena Gupta & Anr. Vs.shri Anil Sharma & Ors
Court: Delhi
Decided on: Oct-16-2018
* + 1. IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: October 16, 2018 CM(M) 281/2014 & CM140482016 SMT MEENA GUPTA & ANR. .....Petitioners Through: Mr. Gaurav Mitra and Ms. Deepali Dwivedi, Advocates versus SHRI ANIL SHARMA & ORS .....Respondents Through: Mr. Ashok Bhalla, Advocate for respondents No.1 to 4 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) The challenge to impugned orders of 13th November, 2013 and 1st February, 2014 is on the ground that application under Order IX, Rule 13 of CPC was filed prior in time and so, it should have been decided first.2. Vide order of 13th November, 2013, petitioners appeal against rejection of application under Order IX, Rule 13 of CPC has been dismissed as not pressed because on numerous dates of hearing in the appeal, adjournments were sought by petitioners, on one ground or the other and on the day of passing of the impugned order, the ground put forth for adjournment was personal difficulty of the main counsel- P.K.Rawal, Advo...
Bharat Heavy Electricals Limited vs.simplex Infrastructures Limited
Court: Delhi
Decided on: Oct-16-2018
$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:16. 10.2018 + O.M.P. (COMM) 431/2018 & I.A. No.14161/2018 BHARAT HEAVY ELECTRICALS LIMITED Through Mr. Lalit Kumar Jha and Mr. C.B. Singh, Advs. ........ Petitioner versus SIMPLEX INFRASTRUCTURES LIMITED ..... Respondent Through Mr. Ankit Raj, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) 1 This is a petition which seeks to challenge the Award dated 11.06.2018 on a singular ground, which is the award of interest by the learned Arbitrator for the pre-award period. This aspect of the matter was noticed by me on the previous date i.e. on 11.10.2018. On that date, notice was issued in the petition which was accepted by Mr. Ankit Raj and opportunity was given to the respondent to file a reply, confined to the aforesaid aspect. However, no reply has been filed on behalf of the respondent. To my mind, no further opportunity can be given to file a reply. 2 The parties before the Arbitrator, basically, adv...
Asian Hotels (West) Ltd. & Ors. Vs.jindal Photo Investment Ltd. & Ors.
Court: Delhi
Decided on: Oct-15-2018
$~ * + % IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 2476/2015 & 24462-24463/2015, 11795/2017 I.A.Nos.17148/2015, 18714-18715/2015, ASIAN HOTELS (WEST) LTD. & ORS. ..... Plaintiffs Through Mr.Parag P.Tripathi and Mr. Harish Malhotra, Senior Advocates with Mr.Jayant Mehta, Mr.Pawan Sharma, Mr.Siddharth Aggarwal, Ms. Divya Bhalla, Mr.Anuj Shah, Mr.Srinivasan Ramashwamy and Mr.Rishabh Sharma, Advocates. versus JINDAL PHOTO INVESTMENT LTD. & ORS. ..... Defendants Through Mr.Gaurav Varma and Mr.Sujoy Datta, Advocates for D-1 to 3 & 5. Mr.Darpan Wadhwa, Sr.Advocate with Mr.Ajay Bhargava, Mr.Aseem Chaturvedi, Mr.Saurabh Seth and Mr.Sharngan Aravindakshan, Advocates for D-6 to 9. Reserved on:27. h August, 2018 Date of Decision:15. h October, 2018 CORAM: HON'BLE MR. JUSTICE MANMOHAN CS(OS)2476/2015 Page 1 of 38 JUDGMENT MANMOHAN, J: PRAYERS IN THE SUIT AND PENDING APPLICATIONS AS WELL AS EX PARTE ORDER DATED19h AUGUST, 2015 1. Present suit has been filed for declaration and mandatory injunct...
Nipun Jasuja vs.the State & Anr.
Court: Delhi
Decided on: Oct-15-2018
$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.REV.P. 862/2018 Judgment delivered on:15. 10.2018 NIPUN JASUJA versus THE STATE & ANR ........ Petitioner ........ RESPONDENTS : Mr. Ajeet Gupta, Advocate. Advocates who appeared in this case: For the... Petitioner For the... RESPONDENTS CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Sanjeev Sabharwal, APP for the State. Respondent No.2 in person. : JUDGMENT1510.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 20.09.2018 of the appellate court whereby the appeal of the petitioner against the order on conviction dated 17.07.2017 and order on sentence dated 01.08.2017 has been dismissed.2.... Petitioner has been convicted for an offence under Section 138 of the Negotiable Instruments Act and sentenced to four months imprisonment and to pay a fine of Rs. 50,000/-.3. Parties have settled their disputes and settlement agreement dated 27.09.2018 has been executed.... Petitioner was convicted in two CRL.REV.P. 862/2018 ...
Charanjit Kaur Virk vs.premlata Sharma & Ors
Court: Delhi
Decided on: Oct-15-2018
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15. h October, 2018. EX.F.A. 17/2018 & CM No.20367/2018 (for stay) CHARANJIT KAUR VIRK ..... Appellant Through: Mr. Kirti Uppal, Sr. Adv. with Mr. Ritvik Chawla, Adv. Versus PREMLATA SHARMA & ORS ........ RESPONDENTS Through: Mr. Akshay Vyas & Mr. Rizwan Aftab, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW1 This Execution First Appeal (EFA) under Order XXI Rule 58 of the Code of Civil Procedure Code, 1908 (CPC) impugns the order [dated 28th February, 2018 in Execution No.2885/2016 of the Court of Additional District Judge-05, South]. of dismissal of objections filed by the appellant / objector to the execution sought by the respondent no.1 / decree-holder of a money decree against the respondents no.2&3 / judgment-debtors viz. Benchmark International and Mr. Gurdip Singh Virk, Proprietor of Benchmark International.2. This EFA came up first before this Court on 16th May, 2018 when, on the contention of the senior couns...
Late Ranjit Singh Thr Lrs & Ors vs.karan Singh & Anr
Court: Delhi
Decided on: Oct-15-2018
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15. h October, 2018. RSA1492018 LATE RANJIT SINGH THR LRS & ORS ..... Appellants Through: Mr. Ajit Dayal & Ms. Shabana Ahmed, Advs. Versus ........ RESPONDENTS KARAN SINGH & ANR CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Through: None. CM No.43380/2018 (for exemption) 1.2. Allowed, subject to just exceptions. The application is disposed of. RSA1492018 & CM No.43379/2018 (for stay) 3. This Regular Second Appeal under Section 100 of the Code of Civil Procedure Code, 1908 is preferred against the judgment and decree [dated 17th July, 2018 in M.No.60320/2016 of the Court of Senior Civil Judge, Central]. dismissing the First Appeal under Section 96 of the CPC preferred by the three appellants viz. Ranjit Singh, Rachna and Neha against the judgment and decree [dated 15th May, 2010 in Suit No.367/2005 of the Court of Civil Judge, North]. allowing the suit filed by the two respondents / plaintiffs viz. Karan Singh and Kailash Wa...
Fresenius Kabi Oncology Limited vs.m/s Welcure Drugs & Pharmaceuticals ...
Court: Delhi
Decided on: Oct-15-2018
$~7 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:15. h October, 2018 FRESENIUS KABI ONCOLOGY LIMITED O.M.P. 108/2011 ........ Petitioner Through: Mr. Sudhir K. Makkar, Senior Advocate with Ms. Saomya Gupta, Adv. (M:9971104284 & 9711959599) versus M/S WELCURE DRUGS & PHARMACEUTICALS LTD. CORAM: JUSTICE PRATHIBA M. SINGH Through: Mr. Kumar Vikram, Advocate. ..... Respondent (M:9810073178) (Oral) Prathiba M. Singh, J.Present petition has been filed challenging the interim award dated 1. 18th October, 2010 passed by the learned Sole Arbitrator, Late Justice Arun Kumar (Retired).2. The brief background is that there was a product manufacturing agreement entered into between the... Petitioner and the Respondent dated 19th August, 2003 by which the Respondent was to manufacture pharmaceutical products for the... Petitioner i.e., it was a contract manufacturing arrangement. The agreement contained a termination clause which was invoked by the... Petitioner. The case of the Resp...
Sushant Vadhera & Ors. Vs.state ( Nct of Delhi )
Court: Delhi
Decided on: Oct-15-2018
$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + CRL.M.C. 5295/2018 Judgment delivered on:15. 10.2018 SUSHANT VADHERA & ORS versus STATE ( NCT OF DELHI ) ........ Petitioners ..... Respondent Advocates who appeared in this case: Mr. Santosh Kumar, Adv. with petitioners in person. For the... Petitioners : For the... RESPONDENTS : CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA Mr. Hirein Sharma, Addl. PP for the State with W/SI Jyoti Singh Ms. Juhi Arora, Advocate. for complainant JUDGMENT1510.2018 SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioners seek quashing of FIR No.489 of 2016 under Sections 498A/4IPC registered at Police Station R.K. Puram, New Delhi, based on a settlement. Subject FIR emanates out of matrimonial discord.2. CRL.M.C. 5295/2018 Page 1 of 3 3. Learned counsel for the petitioners submits that parties have settled their disputes and the settlement dated 05.07.2018 has been executed between the parties. Parties have amicably dissolved their marriage by mutual consent and decre...
M/S Vil Rohtak Jind Highway Private Limited vs.national Highways Autho ...
Court: Delhi
Decided on: Oct-15-2018
$~ 21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision:15. 10.2018 + O.M.P.(MISC.)(COMM.) 42/2018 1. M/S VIL ROHTAK JIND HIGHWAY PRIVATE LIMITED ........ Petitioner Through: Mr. T.K. Ganju, Sr. Adv. with Manish Dembla and Mr. Abhishek Bhardwaj, Advs. NATIONAL HIGHWAYS AUTHORITY OF INDIA versus ..... Respondent Through: Mr. Narendra Hooda, Sr. Adv. with Mr. Mukesh Kumar, Ms. Kritika Shukla, Ms. Padma Priya and Mr. Shubham Saxena, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.(ORAL) This is a petition filed under Section 29A of the Arbitration and Conciliation Act, 1996 (in short 1996 Act).2. By virtue of this petition, the petitioner seeks extension of time for conclusion of the arbitration proceedings. The record pertaining to the instant petition and the arbitration petition i.e., ARB.A. (COMM.) No.10/2018, shows that the parties herein are locked in a fierce legal battle. 2.1 The petitioner had earlier approached this Court by way of a petition under S...
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