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Delhi Court March 2018 Judgments

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Mar 01 2018

Atlanta Limited vs.national Highways & Infrastructure & Anr

Court: Delhi

Decided on: Mar-01-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on:25. h February, 2018 Pronounced on:01. t March, 2018 + O.M.P.(I) (COMM.) 90/2018 ATLANTA LIMITED ........ Petitioner Through : Ms.Meenakshi Arora, Sr Advocate with Mr.Chirag M Shroff and Ms.Neha Sangwan, Advocates. NATIONAL HIGHWAYS & INFRASTRUCTURE & ANR versus ........ RESPONDENTS Through : Mr.Rajiv Bansal, Sr Advocate with Mr.Amit Mishra, Mr.Gaurav Mahajan, Mr.Kabir Shankar Bose, Mr.Mohit Singh, Mr.Ritesh Bajaj and Ms.Vidhi Gupta, Advocates for respondent No.1. Mr.Akhil Sibal, Sr Advocate with Ms.Jahnavi Mitra, Advocate for respondent No.2. CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA YOGESH KHANNA, J.1. This petition under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred as the Act) has been filed by the petitioner with the following prayers:-"(a) Pending, hearing and disposal of the present petition, Restrain the Respondent No.1 and their agents, servants, employees, assignees from acting upon the ...


Mar 01 2018

S K Sehgal & Anr vs.delhi Administration & Anr

Court: Delhi

Decided on: Mar-01-2018

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA5932016 & CM APPL. 40272/2016 & 40275/2016 ..... Appellants Date of Decision:01. 03.2018 S K SEHGAL & ANR Through: Mr. Atul Kumar & Mr. Abhimanyu Sharma, Advs. along with appellant in person. versus DELHI ADMINISTRATION & ANR ........ RESPONDENTS Through: Ms. Renuka Arora with Ms. Nikita Salwan, Advs. for R-1/DSIIDC. CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA S. RAVINDRA BHAT, J.(ORAL) 1. The appellants grievance is that the learned Single Judge fell into error in rejecting the writ petition which sought direction for restoration of leasehold rights to an industrial plot (No.92, admeasuring 307 sq. yds., in the Functional Industrial Estate for Electronics, Okhla Industrial Area Phase-II, New Delhi hereafter called the plot).2. The litigation has a chequered history; one Gulshan Lal was allotted the plot. At the time of allotment, the competent authority had taken into consideration the special disabili...


Mar 01 2018

Ravinder Hooda vs.union of India & Ors

Court: Delhi

Decided on: Mar-01-2018

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Pronounced on:01. 3.2018 + W.P.(C) 5775/2015 RAVINDER HOODA ........ Petitioner Through: Mr. Singh Mr. Himanshu Dagar, Advs. Swastik with versus UNION OF INDIA & ORS ..... Respondent Through: Mr. Anurag Ahluwalia, CGSC with Mrs. Tejaswita and mr. Abhigyan Siddhant, Advs. for R-1. Mr. Arun Kumar, Adv. for R-2 & 3. CORAM:-"HON'BLE MR. JUSTICE RAJIV SHAKDHER % RAJIV SHAKDHER, J.(ORAL) 1. This is a writ petition which is directed against the communication bearing No.V-11019/71/2013-ARMS, dated April 2015 addressed by respondent no.1 to the petitioner. Relevant portion of this communication is extracted hereunder: I am directed to refer to the Govt. of Haryana's letter No.3/605/ 2013-4H.G-III dated 29.10.2013 on the subject mentioned above. The request of Shri Ravinder Hooda, S/o (L) Ramprakash 2. for grant of PB arms licence for possession of .38 bore revolver on transfer under family heirloom basis has been considered carefully in thi...


Mar 01 2018

Pramod Kumar vs.religare Securities Ltd

Court: Delhi

Decided on: Mar-01-2018

* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:01. 03.2018 FAO(OS) 368/2016 & CM. APPL. 46533/2016 PRAMOD KUMAR ..... Appellant Through: Dr. Harsh Pathak, Mr. Siddharth ` Shukla and Mrs. Shaveta Mahajan, Advs. versus RELIGARE SECURITIES LTD ..... Respondent Through: Mr. Rohit Puri & Ms. Swekcha, Advocates. CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA HON'BLE MS. JUSTICE DEEPA SHARMA1 This appeal has been filed by the appellant under Section 37 of the Arbitration and Conciliation Act, 1996, whereby he has challenged the judgment dated 19.10.2016 in Original Miscellaneous Petition (OMP) No.535/2015. In this OMP, the appellant had challenged the Arbitral Award dated 18.12.2014 passed by the National Stock Exchange (NSE) Arbitral Tribunal and the order of NSE Arbitral Appellate Tribunal (AAT) dismissing his appeal vide order dated 25.05.2015. The dispute between the appellant and the respondent was related to the Member-Client Agreement dated 31.05...


Mar 01 2018

Castmaster Mobitec India Private Limited vs.delhi Transport Corporatio ...

Court: Delhi

Decided on: Mar-01-2018

$~34 * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t March, 2018 O.M.P. (COMM) 102/2018 CASTMASTER MOBITEC INDIA PRIVATE LIMITED ........ Petitioner Through: Mr. Anup J.Bhambhani, Senior Anurag Advocate Chowdhry, Mr. Saurabh Jain and Ms. Sarika, Advocates. with Mr. versus DELHI TRANSPORT CORPORATION ..... Respondent Through: Mrs. Avnish Ahlawat, Standing Counsel for DTC with Mr. Nitesh Kumar Singh, Advocate. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) I.As. 2990-2991/2018 Allowed, subject to all just exceptions. I.A. 2989/2018 By the present order, as the petition under Section 34 of the Arbitration & Conciliation Act, 1996 filed by the petitioner is being dismissed, the present application filed by the petitioner is also dismissed as having become infructuous, leaving it open to the petitioner to seek such remedy available to it in law. OMP(COMM) 102/2018 Page 1 O.M.P. (COMM) 102/2018 1. This is a petition under Section 34 of the Arbitration & Conc...


Mar 01 2018

Vivek Chandra Pande vs.union of India and Ors.

Court: Delhi

Decided on: Mar-01-2018

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Judgement:1. t March, 2018 + W.P.(C) 9436/2016 VIVEK CHANDRA PANDE .....Petitioner Through: Mr. N.S. Vasisht and Mr. M.P. Bhargava, Advocates. Versus UNION OF INDIA & ORS. Through: Mr. CORAM: Panda, Adv. .....Respondents for Siddharth LAC/L&B Deptt. Mr. Pawan Mathur, Standing Counsel for DDA. Ms. Meera Bhatia, Adv. For Union of India. HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL SANGITA DHINGRA SEHGAL, J.(Oral) 1. Pleadings are complete. With the consent of the parties, the present writ petition is set down for final hearing and disposal.2. This is a petition under Article 226 of Constitution of India filed by the petitioner seeking a declaration that the acquisition proceedings with respect to land bearing Khasra No.764/606, situated in the revenue estate of village Maidan Garhi, Tehsil Hauz Khas, New Delhi (hereinafter referred as the 'subject land') stand lapsed in view of Section 24(2) of the Right...


Mar 01 2018

Veena Khanna vs.indian Bank

Court: Delhi

Decided on: Mar-01-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % VEENA KHANNA RFA No.197/2018 Reserved on:23. d February, 2018 Pronounced on :1. t March, 2018 Through: ..... Appellant Ms. Renuka Arora, Advocate with Ms. Nikita Salwan, Advocate. versus INDIAN BANK CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA ..... Respondent To be referred to the Reporter or not?. VALMIKI J.MEHTA, J C.M. No.7051/2018 (exemption) 1. Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.197/2018 and C.M. No.7050/2018 (stay) 2. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the judgment of the trial court dated 12.1.2018 by which trial court has decreed the suit filed by the respondent/plaintiff for a sum of Rs.11 lacs. Trial court has not granted any interest and costs in RFA No.197/2018 Page 1 of 13 favour of the respondent/plaintiff. Suit has been decreed for the amount of Rs.11 lacs on account of trial court holdin...


Mar 01 2018

Shree Tirupathi Udyog vs.indraprastha Gas Limited

Court: Delhi

Decided on: Mar-01-2018

$~27 * + IN THE HIGH COURT OF DELHI AT NEW DELHI ARB. A. (COMM.) 8/2018 Date of decision:1. t March, 2018 SHREE TIRUPATHI UDYOG ..... Appellant Through: Mr.Raman Kapoor, Sr. Adv. with Mr.Neeraj Gupta, Adv. versus INDRAPRASTHA GAS LIMITED ..... Respondent Through: Mr.Saurav Agrawal, Mr.Aditya Singhal, Ms.Meera Murali & Mr.Satyawan Shekhawat, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) IA No.2999/2018 (Exemption) Allowed, subject to all just exceptions. IA No.3000/2018 & ARB. A. (COMM.) 8/2018 1. This appeal has been filed by the Appellant under Section 37(2)(b) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) challenging the order dated 19.01.2018 and the reasons thereof communicated by Sole Arbitrator vide e-mail dated 20.01.2018, passed by the Sole Arbitrator by which the Arbitrator has dismissed the application of the appellant seeking stay of the arbitral proceedings till the final disposal of the arbitration proceedings bet...


Mar 01 2018

New India Assurance Co. Ltd. Vs.bibi Mashroom & Ors.

Court: Delhi

Decided on: Mar-01-2018

$~16 * % + MAC.APP9542012 IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:01. t March, 2018 NEW INDIA ASSURANCE CO. LTD. ..... Appellant versus Through: Mr. Shoumik Mazumdar, Advocate BIBI MASHROOM & ORS. ........ RESPONDENTS Through: Mr. Ankit, Mr.Ishwender, Advocates for respondents no.1 to 4. CORAM: HON'BLE MR. JUSTICE J.R. MIDHA JUDGMENT (ORAL) 1. The appellant has challenged the award of the Claims Tribunal whereby compensation of Rs.4,92,000/- has been awarded to respondents no.1 to 4.2. On 14th March, 2006, Mohd. Tasleemuddin was travelling in Vehicle No.HR-47-3873 as a helper and the said vehicle met with an accident near Anand Vihar Bus Stand which resulted in the death of Mohd. Tasleemuddin. The deceased was survived by his widow, parents and minor daughter who filed an application for compensation before the Claims Tribunal.3. The deceased was aged 22 years at the time of the accident and was earning Rs.3,300/- per month. The Claims Tribunal deducted 1/3rd towards p...


Mar 01 2018

Union Bank of India vs.rajesh Saxena & Ors

Court: Delhi

Decided on: Mar-01-2018

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:1. t March, 2018 C.R.P. 212/2017 and CM APPL.35141/2017 (stay) UNION BANK OF INDIA ........ Petitioner Through: Mr. Anil Kumar Singh, Advocate + CORAM: HON'BLE MR. JUSTICE R.K.GAUBA RAJESH SAXENA & ORS versus ORDER (ORAL) ........ RESPONDENTS Through: Mr. Aditya Jain, Advocate for R-1. Ms. Ruchi, Adv. for R-2. The first respondent had instituted a civil suit against the second 1. respondent for recovery of money, it having been decreed by judgment dated 01.09.2015. To enforce the said decree, the first respondent (the decree-holder) took out the execution proceedings (Ex.No.122/2015, new No.9591/2016), which are pending before the Court of Additional District Judge-03, South-East District against the second respondent (judgment-debtor). It appears, in the course of the said execution proceedings it came to light that the judgment debtor holds an account with Union Bank of India (the petitioner herein). The executing Court by its ...


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