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Delhi Court June 2018 Judgments

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Jun 01 2018

Jitendera Gaba vs.delhi Pollution Control Committee

Court: Delhi

Decided on: Jun-01-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: June 01, 2018 + W.P.(C) 6369/2018 & CM No.24499/2018 JITENDERA GABA ........ Petitioner Through : Mr. Divyakant Lahoti and Mr. Parikshit Ahuja, Advocates versus DELHI POLLUTION CONTROL COMMITTEE ..... Respondent Through : Mr. Biraga Mahapatra and Mr. T. K. Nayak, Advocates with Mr. Dinesh Jindal, L.O, DPCC CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) 1. For the reliefs sought in this petition, a Representation (Annexure P-29) was made by petitioner on 16th April, 2018 but according to petitioners counsel there is no response. Learned counsel for respondent submits that a speaking response to the Representation (Annexure P-29) would be made within a period of six weeks.2. While taking on record aforesaid undertaking given on behalf of respondent, this petition and the application are disposed of with a direction to respondent to convey the fate of the Representation to petitioner within six weeks, so that petitioner may avai...


Jun 01 2018

Jay Kochhar vs.uco Bank

Court: Delhi

Decided on: Jun-01-2018

$~ * + + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :22nd May, 2018 Date of decision :1st June,, 2018 JAY KOCHHAR ..... Appellant RFA2072015 Through: Dr. Arun Mohan, Senior Advocate with Mr. Arvind Bhatt, Mr. Kuber Giri and Mr. Sarupreet Singh, Advocates (M:9810354101) with Appellant in person. UCO BANK versus Through: Mr. Rajesh ..... Respondent Rattan, Advocate. (M:9810218488) AND RFA2082015 & CM No.5768/2015 UCO BANK JAY KOCHHAR ..... Appellant Through: Mr. Rajesh Rattan, Advocate. versus ..... Respondent Through: Dr. Arun Mohan, Senior Advocate with Mr. Arvind Bhatt, Mr. Kuber Giri and Mr. Sarupreet Singh, Advocates (M:9810354101) with Respondent in person. CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 These are cross appeals filed by Mr. Jay Kocchar and UCO Bank, who was a tenant in the suit property, against the judgment and decree dated 22nd January, 2015. Mr. Jay Kocchar was the Plaintiff (hereinafter, Plaintiff) in the subject suit, and UCO Bank was ...


Jun 01 2018

M/S Icici Bank Limited vs.ajeet Kumar Tripathi

Court: Delhi

Decided on: Jun-01-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:1. t June, 2018 RFA4002015 & CM No.24680/2018 Punit K. Bhalla, Advocate ..... Appellant M/S ICICI BANK LIMITED Through: versus AJEET KUMAR TRIPATHI Through: None. CORAM: JUSTICE PRATHIBA M. SINGH .....Respondent Prathiba M. Singh, J.(ORAL) 1. The present appeal arises out of the impugned judgment/order dated 16th February, 2015 by which the suit for recovery filed by the Appellant/Plaintiff bank (hereinafter, Plaintiff bank) was dismissed. The judgement of the Trial Court dismisses the suit on the ground that the Plaintiff bank did not adduce evidence and the case of the Plaintiff was thus not proved. The Trial Court also observes that the original loan recall notice dated 12th March, 2014 was not filed by the Bank.2. In the present appeal, notice was issued on 29th May, 2015. Initially, the Respondent/Defendant (hereinafter, Defendant) was not served and the report of the Registry continued to remain `Awaited. Thereafter,...


Jun 01 2018

Abdul Waqar & Anr. Vs.abdul Gaffar

Court: Delhi

Decided on: Jun-01-2018

$~ * + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on :20th February, 2018 Date of decision :1. t June, 2018 RFA5172017 & CM APPL.19179/2017 ABDUL WAQAR & ANR. ..... Appellants Through: Mr. Shamim Ahmad Khan, Advocate. (M:9810249560) ABDUL GAFFAR versus ..... Respondent Through: Mr. Sanjay Agnihotri and Mr. Advocates. Kumar, Jitender (M:9871880147) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.JUDGMENT1 Vide the impugned judgment and decree dated 3rd November, 2016, the suit for possession filed by Sh. Abdul Gaffar (hereinafter Plaintiff) has been decreed by the Trial Court. The present appeal impugns the same.2. Sh. Abdul Gaffar filed a suit seeking decree of possession and damages/mesne profits in respect of First Floor of property bearing No.D- 53/3A, Gali No.18, Chauhan Bangar, Seelampur, Delhi-110053 (hereinafter suit property) against his brothers Sh. Abdul Waqar and Sh. Nawab Ahmed. It is the case of the Plaintiff that he purchased the entire property of 150 sq. yar...


Jun 01 2018

M/S S Reddy Infratech Private Limited vs.m/s Overseas Infrastructure A ...

Court: Delhi

Decided on: Jun-01-2018

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 245/2018 M/S S REDDY INFRATECH PRIVATE LIMITED ........ Petitioner Through: Mr Brij Bhushan Gupta, Sr. Advocate with Mr Prabhat Kumar and Mr Uday Khanna, Advocates. versus M/S OVERSEAS INFRASTRUCTURE ALLIANCE (INDIA) PRIVATE LIMITED ..... Respondent Through: Mr Manish Sharma and Mr Ninad Dogra, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER0106.2018 VIBHU BAKHRU, J1 The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereafter the Act) for setting aside the Arbitral Award dated 03.02.2018 (hereafter the impugned award) delivered by the Arbitral Tribunal consisting of Mr Justice B.P. Singh (Retired), Mr Justice Mukul Mudgal (Retired) and Mr Justice Gorigay Bikshapathy (Retired). The impugned award was rendered by the majority with Justice Gorigay Bikshapathy (Retired) entering a dissenting opinion. The controversy between the parties O.M.P. (COMM) 245/2018...


Jun 01 2018

G. Veerabahu vs.national Institute of Education Palnning and Administr ...

Court: Delhi

Decided on: Jun-01-2018

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: June 01, 2018 + W.P.(C) 6400/2018 & CM Nos. 24575-24576/2018 G. VEERABAHU ........ Petitioner Through : Mr. Kuldip Babbar, Advocate versus NATIONAL INSTITUTE OF EDUCATION PALNNING AND ADMINISTRATION AND ORS. ........ RESPONDENTS Through : Mr. Amitesh Kumar, Ms. Binisa Mohanty and Ms. Priti Kumari, Advocates for R-1, 2 & 3. Mr. Gaurang Kanth,CGSC for R-7. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) 1.... Petitioners request, for allotment of Type-IV quarter by counting the past service, made on 07.05.2018 is declined by second respondent by merely observing that the recommendation for allotments of flats has taken place and any change in flat allotment can be discussed in the next round of allocations only.2. To assail the declining of petitioners request, learned counsel for petitioner has drawn attention of this Court to the minutes of the House Allotment Committee of the second respondent which reveals that the said Comm...


Jun 01 2018

In the Matter of Tmd Friction India Private Limited(in vol.liqn.) Vs.. ...

Court: Delhi

Decided on: Jun-01-2018

$~CP-10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:01. 06.2018 CO.PET. 15/2018 IN THE MATTER OF TMD FRICTION INDIA PRIVATE LIMITED(IN VOL.LIQN.) .......... Petitioner Through Ms. Ruchi Sindhwani, and Ms. Megha Bharara, Advocates for OL. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(ORAL) 1. This is a petition filed under Section 497(6) of the Companies Act, 1956 (herein referred to as the Act) by the Official Liquidator (OL), seeking for voluntary winding up of TMD Friction India Private Limited (in Members Voluntary Liquidation) (herein referred to as the said company).2. The said Company was incorporated under the provisions of the Act with the name TMD Friction India Private Limited with Registrar of Companies (ROC), NCT of Delhi & Haryana at Delhi on 01.06.2012 with an authorized capital of Rs.15,00,00,000 (Rupees Fifteen Crore only) divided into 1,50,00,000 (One Crore Fifty Lakhs) equity share of Rs. 10/- (Rupees Ten) each.3. The registered office of t...


Jun 01 2018

Anil Kakkar & Ors. Vs.hans Raj Kakkar & Anr.

Court: Delhi

Decided on: Jun-01-2018

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on 19.04.2018 Judgment delivered on:01. 06.2018 FAO2632008 ANIL KAKKAR & ORS. ..... Appellant Through: Mr. Anunaya Mehta and Mr. Akshay Deep S., Advs. Versus HANS RAJ KAKKAR & ANR. ........ RESPONDENTS Through: Mr. Praveen Kumar and Mr. Sameer Rai, Advs. for R-1 CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.1. This appeal impugns the order dated 06.05.2008 granting probate to respondent no.1 on a Will propounded dated 31.12.1997 purportedly executed by his late mother Smt. Bhagwanti Kakkar. The appellant is a sibling of the beneficiary of the said Will. He has challenged the said order on the ground that it has erred primarily on the following grounds: a) the probate petition sought by limitation hence it was not maintainable; and FAO2632008 Page 1 of 26 b) the will propounded by respondent number one was steeped in suspicious circumstances, an issue which was not thoroughly examined by the trial court.2. The issues t...


Jun 01 2018

Larsen & Toubro Limited vs.indian Oil Corporation Ltd

Court: Delhi

Decided on: Jun-01-2018

* + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. (ENF)(COMM.) 128/2017 & IA122522017 Reserved on:7. h March, 2018 Date of decision :1. t June, 2018 LARSEN & TOUBRO LIMITED ..... Decree Holder Through Mr.Dhirendra Negi, Adv. versus INDIAN OIL CORPORATION LTD ..... Judgment Debtor Through Mr.Abhinav Tandon, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA In view of the detailed order passed today in OMP(Comm.) No.366/2017 dismissing the petition under Section 34 of the Arbitration and Conciliation Act, 1996 filed by the Judgment Debtor challenging the Arbitral Award dated 18.05.2017, the bank guarantee given by the Decree Holder for release of the amount deposited by the Judgment Debtor shall be returned in original after the expiry of six weeks from today. Remaining amount which is payable under the Arbitral Award shall be paid by the Judgment Debtor to the Decree Holder within a period of six weeks from today. List on 27th July, 2018. NAVIN CHAWLA, J JUNE01 2018/Arya OMP(ENF.)(COMM.) 12...


Jun 01 2018

Ram Avtar Jakhar & Anr. Vs.chaudhary Avadesh Kumar & Ors.

Court: Delhi

Decided on: Jun-01-2018

$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:01. 06.2018 Reserved on:18. 04.2018 FAO2032016 RAM AVTAR JAKHAR & ANR. ........ Petitioners versus CHAUDHARY AVADESH KUMAR & ORS. ....... RESPONDENTS Advocates appeared in this case: For the petitioners: For the... RESPONDENTS: Mr. Akhil Sibal, Sr. Advocate with Mr. Saurabh S. Sinha, Mr. Ms. Shalini Kaul, Advocate Aditya Dev Triguna & Ms. Janahvi Mitra, Advocates. Mr. Ruchir Mishra and Mr. Mukesh Kumar Tiwari, Advocates for R- 3/ IOA, Mr. Chiranjeev Kumar & Mr. Mukesh Sachdeva, Advocates for R-4/ UOI. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J FAO2032016 & CM Nos. 16899/2016, 16900/2016, 16903/2016 & 26675/2017 1. This appeal impugns the order dated 27.04.2016 passed by the Addl. District Judge-02, Patiala House Courts, New Delhi under Section 9 of the Arbitration & Conciliation Act, 1996 (Act) protecting the remaining elected tenure of respondent no.1 as President of the Volleyball Federation of India ...


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