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Delhi Court February 2018 Judgments

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Feb 28 2018

The Coca-Cola Company & Anr vs.glacier Water Industries Ltd & Ors.

Court: Delhi

Decided on: Feb-28-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI CS(COMM) 1290/2016 THE COCA-COLA COMPANY & ANR Through: Mr Karan Bajaj with Ms Kripa Pandit and Mr Dhruv Nayar, Advocates ..... Plaintiffs versus ..... Defendants Through: None GLACIER WATER INDUSTRIES LTD & ORS. % CORAM: HON'BLE MR. JUSTICE MANMOHAN Date of Decision:28. h February, 2018 MANMOHAN, J (Oral): JUDGMENT1 Present suit has been filed for permanent and mandatory injunction and damages for infringement of the plaintiffs registered trademark, passing off and unfair competition against the defendants. The prayer clause in the suit is reproduced hereinbelow:-"A decree of permanent injunction be passed thereby A. directing that the Defendants, its directors, employees, agents, distributors, franchisees, representatives and assigns be restrained from : (i) manufacturing or authorizing the manufacture, selling or offering for sale, marketing, advertising, promoting, CS(COMM) 1290/2016 Page 1 of 9 displaying or in any other manner whatso...


Feb 28 2018

Burari Kalyan Mandal (Welfare Society) vs.the Government of Nct of Del ...

Court: Delhi

Decided on: Feb-28-2018

$~8 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 9440/2015 & CM No.22061/2015 % Date of decision :28. h February, 2018 BURARI KALYAN MANDAL (WELFARE SOCIETY) ........ Petitioner Through : Mr. Anil Nag, Mr. Iftekhar Ahmad, Mr. Anoop Kumar and Mr. Arun Kumar, Advs. versus THE GOVERNMENT OF NCT OF DELHI & ORS. Through : Mr. Gautam Narayan, ASC, ........ RESPONDENTS GNCTD. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 This writ petition raises a challenge to the communication dated 20th of July 2015 issued by the Principal Secretary to the Chief Minister of Delhi and the communication dated 21st of July 2015 issued by the Secretary to the Deputy Chief Minister whereby a Barat Ghar constructed on Khasra No.549 in Village Burari has been included in the list of locations for using as the office of the Assembly Constituency. The writ petitioner also challenges the office order dated 21st August, 2015 of the ...


Feb 28 2018

Mr. Mahender Kumar Khandelwal vs.union of India and Ors.

Court: Delhi

Decided on: Feb-28-2018

$~15 *IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:28. 02.2018 + W.P.(C) 844/2018 & CM No.3595/2018 MR. MAHENDER KUMAR KHANDELWAL........ Petitioner Through : Mr. P.K. Mittal, Adv. versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through : Mr. Vikash Mahajan, CGSC with Mr. Shyam Sundar Rai and Mr. Deepak Goyal, Advs. for R-1&2. CORAM:-"HON'BLE MR. JUSTICE RAJIV SHAKDHER % RAJIV SHAKDHER, J.(ORAL) 1. The report of the Registry is that service qua respondent no.3 is not complete. Respondent no.3 is a company by the name of Three Sixty Degree Capital Solution Private Limited. This company, as per the master data appended by the petitioner, is registered in Mumbai.2. Counsel for the petitioner says that the disqualification list, which includes the petitioners name, refers to only Mitra Marketing Private Limited (in short MMPL) and Varrenyam Advisory Services Private Limited (in short VASPL) 3. Accordingly, a prayer is made that respondent no.3, that is W.P.(C) 844/201...


Feb 28 2018

Modtech Furniture Private Ltd. Vs.ncube Planning Design Private Limite ...

Court: Delhi

Decided on: Feb-28-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h February, 2018. CS(COMM) 379/2017, IA No.8483/2017 (u/O XXXVII R-3(1) CPC), IA No.9152/2017 (u/O XXXVII R-3(4) CPC), IA No.10033/2017 (u/O XXXVII R-3(5) CPC), IA No.10034/2017 (u/S8of Arbitration & Conciliation Act, 1996) & IA No.11188/2017 (u/O XXXVII R-3(5) CPC) MODTECH FURNITURE PRIVATE LTD. ..... Plaintiff Through: Mr. Vikas Mehta & Mr. Rajat Sehgal, Advs. Versus NCUBE PLANNING DESIGN PRIVATE LIMITED & ANR ..... Defendants Through: Mr. Ambar Qamaruddin, Mr. Ajay Talesara, Mr. Tejasvi Kumar & Mr. Syed Sarfarz, Advs. for D-1. Mr. Chetan Roy & Ms. Ria Anand, Advs. for D-2. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Though applications of the two defendants for leave to defend are 1. for consideration but during the hearing it transpires that the contract, monies whereunder are claimed to be due to the plaintiff, was between the plaintiff and the defendant no.1 only and there is no privity of contract between the p...


Feb 28 2018

Moran Plantation pvt.ltd vs.ambience Private Ltd

Court: Delhi

Decided on: Feb-28-2018

$~42,44 & 45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h February, 2018 + + + ARB.P. 163/2018 & I.A. No.2933/2018 ARB.P. 166/2018 & I.A. No.2940/2018 ARB.P. 167/2018 & I.A. No.2951/2018 PARASRAMIKA HOLDINGS PVT LTD. MILI MARKETING PVT.LTD MORAN PLANTATION PVT.LTD ........ Petitioner ........ Petitioner ........ Petitioner Through: Mr.Gopal Jain, Sr. Adv. with Ms.Prashanti Pasupuleti, Mr.B.M.Shashank, Advs versus AMBIENCE PRIVATE LTD Through: Ms.Tannya Sharma, Adv ..... Respondent CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) IA No.2933/2018 (Exemption) in Arb.P.163/2018 IA No.2940/2018 (Exemption) in Arb.P.166/2018 IA No.2951/2018 (Exemption) in Arb.P.167/2018 Allowed, subject to all just exceptions. ARB.P.163/2018 ARB.P.166/2018 ARB.P.167/2018 1. These petitions under Section 11 of the Arbitration & Conciliation Arb. P.163/2018, 166/2018 & 167/2018 Page No.1 Act, 1996 (hereinafter referred to as the Act) have been filed by the petitioner(s) prayin...


Feb 28 2018

Jitender Kumar vs.state (Govt of Nct of Delhi) & Anr

Court: Delhi

Decided on: Feb-28-2018

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON :28. h FEBRUARY, 2018 CRL.REV.P. 165/2018 JITENDER KUMAR ........ Petitioner Through : Mr.Pratap Dhaka, Advocate with Mr.Raj Kumar, Advocate. versus STATE (GOVT OF NCT OF DELHI) & ANR........ RESPONDENTS Through : Mr.Ravi Nayak, APP. Mr.Ajit Dayal, Advocate with Ms.Shabana Ahmed, Advocate. CORAM: HON'BLE MR. JUSTICE S.P.GARG + S.P.GARG, J.(Oral) CRL.M.A.No.3859/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of. CRL.REV.P. 165/2018 & CRL.M.B. 350/2018 1. Present revision petition has been preferred by the petitioner Jitender Kumar to challenge the correctness of a judgment dated 29.01.2018 of learned Addl. Sessions Judge in Crl.A.181/2017 whereby findings on conviction recorded by the learned Metropolitan Magistrate for commission of offence punishable under Section 138 Crl.Rev.P.165/2018 Page 1 of 3 Negotiable Instruments Act were endorsed. The revision petition is contested b...


Feb 28 2018

Mohd. Jamal vs.the State

Court: Delhi

Decided on: Feb-28-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI R-11 + CRL.A. 140/2014 MOHD. JAMAL ..... Appellant Through: Mr. A.J.Bhambani, Senior Advocate with Ms. Inderjeet Sidhu, Advocate (DHCLSC). THE STATE CORAM: JUSTICE S. MURALIDHAR Through: Ms. Kusum Dhalla, APP. versus ..... Respondent JUSTICE I.S. MEHTA % ORDER2802.2018 Dr. S. Muralidhar, J.:1. This appeal is directed against the impugned judgment dated 29th November 2013 passed by the learned Additional Sessions Judge- 3/South District, Saket Courts, New Delhi (ASJ) in Sessions Case No.23 of 2013 arising out of FIR No.89 of 2010 registered at Police Station (PS) Fatehpur Beri convicting the Appellant for the offence under Sections 302 and 201 IPC. This appeal is also directed against the order on sentence dated 30th November 2013 whereby for the offence under Section 302 IPC he was sentenced to undergo imprisonment for life with a fine of Rs. 5,000 and, in the event of non-payment of fine, to further undergo simple imprisonment (SI) for a pe...


Feb 28 2018

National Highway & Infrastructure Development Corporation Limited vs.k ...

Court: Delhi

Decided on: Feb-28-2018

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 97/2018 & I.A. Nos. 2879/2018 & 2880/2018 NATIONAL HIGHWAY & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED ........ Petitioner Through: Ms Geeta Luthra, Senior Advocate with Mr Mohit Singh, Mr Ritesh Bajaj and Mr Prateek Yadav, Advocates. ..... Respondent versus Through KMC CONSTRUCTIONS LIMITED CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2802.2018 VIBHU BAKHRU, J1 The petitioner (hereafter NHIDC) has filed the present petition impugning an arbitral award dated 26.09.2017 (hereafter the impugned award) delivered by the Arbitral Tribunal constituted by Mr G. Sharan, Mr S.S. Agarwal and Mr V. Ravindranath, Presiding Arbitrator (hereafter the Arbittral Tribunal). The impugned award was rendered in the context of the disputes that had arisen in relation to the Engineering Procurement and Construction Agreement dated 16.03.2015 (hereafter the EPC Agreement) 2. The controversy involved in the present petition relates to the i...


Feb 28 2018

Azad Kumar Bhura vs.union of India and Anr.

Court: Delhi

Decided on: Feb-28-2018

$~35 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment pronounced on:28. 2.2018 W.P. (C) 1960/2018, CM APPL.8093-8094/2018 AZAD KUMAR BHURA Through: Mr. Amit Goel, Advocate. ........ Petitioner Versus UNION OF INDIA AND ANR. ........ RESPONDENTS Through: Mr. Ashim Sood, CGSC with Ms. Payal Chandra, Advocates. CORAM:-"HON'BLE MR. JUSTICE RAJIV SHAKDHER % RAJIV SHAKDHER, J.(ORAL) CM APPL.8094/2018 (exemption) Allowed, subject to all just exceptions. W.P. (C) 1960/2018, CM APPL.8093/2018 (stay) 1. Issue notice. Mr. Ashim Sood, who appears for respondents, accepts notice. 1.1. Learned counsel for the petitioner says that the issue which arises for consideration in this case is covered by the judgment of another Single Judge of this Court dated 21.12.2017, passed in W.P.(C)11381/2017 titled: Sandeep Singh & Anr. v. Registrar of Companies & Ors. This aspect is not disputed by the counsel for the respondents. Therefore, waiting for a counter affidavit would serve no W.P.(C) 1960/2018 Page ...


Feb 28 2018

Mili Marketing pvt.ltd vs.ambience Private Ltd.

Court: Delhi

Decided on: Feb-28-2018

$~42,44 & 45 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:28. h February, 2018 + + + ARB.P. 163/2018 & I.A. No.2933/2018 ARB.P. 166/2018 & I.A. No.2940/2018 ARB.P. 167/2018 & I.A. No.2951/2018 PARASRAMIKA HOLDINGS PVT LTD. MILI MARKETING PVT.LTD MORAN PLANTATION PVT.LTD ........ Petitioner ........ Petitioner ........ Petitioner Through: Mr.Gopal Jain, Sr. Adv. with Ms.Prashanti Pasupuleti, Mr.B.M.Shashank, Advs versus AMBIENCE PRIVATE LTD Through: Ms.Tannya Sharma, Adv ..... Respondent CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) IA No.2933/2018 (Exemption) in Arb.P.163/2018 IA No.2940/2018 (Exemption) in Arb.P.166/2018 IA No.2951/2018 (Exemption) in Arb.P.167/2018 Allowed, subject to all just exceptions. ARB.P.163/2018 ARB.P.166/2018 ARB.P.167/2018 1. These petitions under Section 11 of the Arbitration & Conciliation Arb. P.163/2018, 166/2018 & 167/2018 Page No.1 Act, 1996 (hereinafter referred to as the Act) have been filed by the petitioner(s) prayin...


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