Delhi Court October 2019 Judgments
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Gopal Das (Since Deceased) Thr Lrs & Ors. Vs.saroj & Ors.
Court: Delhi
Decided on: Oct-16-2019
$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:16. 10.2019 RC.REV. 124/2018 & CM APPL. 12980/2018, 19838/2018, 52619/2018 GOPAL DAS (SINCE DECEASED) THR LRS & ORS SAROJ & ORS versus ........ Petitioners ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner: Ms. Savita Rustogi, Advocate For the Respondent: Mr. Prem Chhetri, Mr. Promod Kumar and Ms. Sebika Lama, Advocates CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns order dated 16.11.2017 whereby leave to defend application of the petitioner was dismissed on the ground that it was filed beyond the statutory period of 15 days.2. Subject eviction petition was filed by the respondents seeking eviction of the petitioner on the ground of bonafide necessity under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 from one Shop RC.REV.124/2018 Page 1 of 4 on ground floor alongwith one small store at Basement in Property bearing No....
Mahendra Singh Dhoni vs.amrapali Homes Projects Private Limited & Ors.
Court: Delhi
Decided on: Oct-16-2019
$~A-3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of decision:16. 10.2019 ARB.P. 30/2019 MAHENDRA SINGH DHONI AMRAPALI HOMES PROJECTS PRIVATE LIMITED & ORS. Through: Mr. Manish Verma, Advocate. versus ........ Petitioner Through: CORAM: HON'BLE MS. JUSTICE JYOTI SINGH ........ RESPONDENTS JYOTI SINGH, J.(ORAL) 1. On 29.4.2019, Mr. Abhishek Sharma, Advocate had appeared for Mr.Manoj Singh, Advocate, for the respondents. The order sheets thereafter indicate that there has been no appearance on behalf of the respondents. The respondents are, therefore, proceeded ex-parte.2. This is a petition filed under Section 11(6) of the Arbitration & Conciliation Act, 1996 (Act) for appointment of a Sole Arbitrator to adjudicate the disputes and differences between the parties pertaining to a Joint Venture Agreement dated 14.6.2011.3. The Arbitration Clause between the parties reads as under:-"(a) Arbitration The Dispute shall be referred in final and binding arbitration under [India]. Arbitra...
Ranbir Singh vs.state
Court: Delhi
Decided on: Oct-16-2019
$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + W.P.(CRL) 2892/2019 RANBIR SINGH Date of decision:16. 10.2019 ........ Petitioner Through: Mr. Anurag Jain, Advocate STATE Versus Through: Mr. Rajesh Mahajan, Additional ..... Respondent Public Prosecutor for State with SI Rambhai CORAM: HON'BLE MR. JUSTICE BRIJESH SETHI JUDGMENT BRIJESH SETHI, J (ORAL) 1. Parole of six weeks is sought by petitioner in this petition.2. Learned counsel for petitioner submits that mother of petitioner expired on 1st October, 2019 and her satarvi is scheduled on 20th October, 2019 and maha havan is to take place on 15th November, 2019.3. Learned Additional Public Prosecutor for State submits that factum of death of petitioners mother stands verified.4. 5. Heard. In the interest of justice, the petitioner is directed to be released on parole for a period of six weeks from the date of his release on his executing a personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfactio...
Sarigam Containers P. Ltd. Vs.core Organics Ltd.
Court: Delhi
Decided on: Oct-16-2019
$~C-42 * % IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:16. 10.2019 + CO.PET. 120/1996 SARIGAM CONTAINERS P. LTD. Through: versus CORE ORGANICS LTD. ........ Petitioner ..... Respondent Through: Ms. Isha Khanna, Advocate for OL. CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J.(ORAL) Co. Appl. No.1087/2019 1. This application has been filed by the Official Liquidator Under Section 481 of the Companies Act, 1956 (for short the Act) read with Rule 9 of the Companies (Court) Rules, 1959 (for short the Rules) praying that M/s Core Organics Ltd. be finally dissolved and the Official Liquidator, Delhi, be discharged as its Liquidator.2. It is stated that M/S Core Organics Ltd. was ordered to be wound up Provisionally by this Court vide its orders dated 05.12.2000 and finally was wound up on 10.08.2004 and Official Liquidator attached to this Court was appointed as Liquidator of the Company.3. It is stated that Statement of Affairs have not been filed by the Ex- CO.PET.120/19...
Rekha Gupta & Anr vs.meena
Court: Delhi
Decided on: Oct-16-2019
$~ 7 IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:-"16th October, 2019 + FAO1532018 & CM No.16505/2018, 16507/2018 REKHA GUPTA & ANR ..... Appellants Through: Mr. Arpit Shukla, Advocate with Mr. Ambanshu Sahni, Advocate versus ..... Respondent Through: Nemo. MEENA CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The respondent had instituted a civil suit (Suit No.10484/2016) on 03.03.2008 against the appellants herein (defendants) praying for permanent and mandatory injunction vis-a-vis property described as property No.A-16-A, Block B, Ground Floor, Khasra No.550/1, situated at A-Block, Raju Park, Devli Road, Khanpur, New Delhi- 110062, they statedly having purchased the right, title and interest therein including exclusive parking rights at lower ground floor. The dispute concerned the claim of the respondent (the plaintiff) to unhindered use of the parking space beneath the stilt at the ground floor along with access to the water tankers and water pump connected thereto. T...
Oriental Insurance Co Ltd vs.lokesh & Ors
Court: Delhi
Decided on: Oct-16-2019
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on:16. 10.2019 + MAC.APP. 1165/2018 ORIENTAL INSURANCE CO LTD ..... Appellant Through: Mr. R.K. Tripathi, Advocate. versus LOKESH & ORS ........ RESPONDENTS Through: Mr. Peeush Sharma and Mr. Bharvi Thakur, Advocates for R-1 & R-2. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J (Oral) CM APPL. 45449/2019, CM APPL. 45448/2019 (delay in filing cross objections) & CM APPL. 45450/2019 (cross objections by R-1 & R-2) 1. After some arguments, the learned counsel for the applicant seeks to withdraw the applications.2. The applications are dismissed as withdrawn. MAC.APP. 1165/2018, CM APPL. 54529/2018 & CM APPL. 19596/2019 3. The appellant impugns the award of compensation dated 26.10.2018 passed by the learned MACT in MACP No.2152/16, on the ground that an amount equal to the pecuniary compensation has been awarded under non- pecuniary head as well. The Court would note that the impugned order has referred to the dicta of this...
Sg Enterprises & Ors. Vs.ballapur Industries Ltd.
Court: Delhi
Decided on: Oct-16-2019
$~ 6 + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO4532017 Decided on:-"16th October, 2019 SG ENTERPRISES & ORS. ..... Appellants Through: Mr. Anurag Pandey, Ms. Shyamali Das & Mr. B.P. Subba, Advs. versus BALLAPUR INDUSTRIES LTD. Through: ..... Respondent Mr. Surender Kumar Gupta & Mr. Sharad Sharma, Advs. CORAM: HON'BLE MR. JUSTICE R.K.GAUBA ORDER (ORAL) 1. The first appellant is a partnership firm in which the other two appellants are partners. On 01.07.2009, the firm had entered into a distributorship agreement with the respondent on 01.07.2009. The agreement concededly contains the arbitration clause. A dispute arose which was referred to arbitration, it eventually resulting in an award being passed on 24.12.2012, ex-parte, against the appellants and in favour of the respondent (claimant).2. The above said award dated 24.12.2012 was challenged by objections under Section 34 of Arbitration and Conciliation Act, 1996 presented on 21.06.2017. The objection petition (arbitration No.611...
United India Insurance Co Ltd vs.m/s Shreedhar Malik Foods Ltd
Court: Delhi
Decided on: Oct-15-2019
$~SB-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Date of Judgment:15. h October, 2019 FAO(OS) (COMM) 220/2018 UNITED INDIA INSURANCE CO LTD ..... Appellant Through Mr. Vineet Malhotra & Ms. Vishal Gohri, Advocates. versus M/S SHREEDHAR MALIK FOODS LTD Through Mr. Sachin Datta, Sr. Advocate with Mr. Dinesh Sharma, Ms. Ritika Jhureri, Ms. Jipsa Rawat & Ms. Anmol Kathuria, Advocates. ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE JYOTI SINGH G.S. SISTANI, J.(ORAL) 1. This is an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, read with Section 13 of the Commercial Courts Act, 2015 laying challenge to an order passed by the learned Single Judge dated 26.04.2018, whereby the learned Single Judge has allowed the objections to the Award dated 03.06.2017 filed by the respondent. The Award passed by the Arbitrator was set aside leaving it upon the parties to take appropriate legal remedy as may be available to them in accordance with law.2...
Zillion Infra Projects Pvt Ltd vs.high Tech Engineering
Court: Delhi
Decided on: Oct-15-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI $~3 * % Delivered on 15th October, 2019 + RFA3122018 Through: Mr.Naveen Sharma, Advocate. versus ZILLION INFRA PROJECTS PVT LTD ..... Appellant HIGH TECH ENGINEERING ..... Respondent CORAM: HON'BLE MR. JUSTICE YOGESH KHANNA Through: None. YOGESH KHANNA, J.CM APPL No.48682/2018 This application was moved by appellant for service of respondent through substituted means. Per order dated 27.02.2019 it stands disposed of. RFA3122018 1. Despite service through publication, none appears for the respondent. Hence, the appeal is heard.2. This appeal is against an impugned order dated 28.11.2017 passed by the learned Additional District Judge03, North-West District, Rohini Courts, Delhi (hereinafter referred as the learned Trial Court) in CS No.78476/2016 whereby the application of the respondent under Order VII Rule 11(d) CPC was allowed and the plaint of appellant was rejected. RFA No.312/2018 Page 1 of 7 3. The appellant had filed the aforesaid civil su...
Acme Manufacturing Company Ltd. Vs.union of India
Court: Delhi
Decided on: Oct-15-2019
* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:05. 09.2019 Pronounced on:15. 10.2019 % + O.M.P. (COMM) 459/2016 ACME MANUFACTURING COMPANY LTD. ........ Petitioner Through: Mr. M.S. Ganesh, Sr. Advocate with J.S. Rupal, Mr. Mr. Mohinder K.Seshachary, Enakshi Mukhopadhyay Siddhanta, Mr. Hardik Rupal, Mr. Prang Newmai, Mr. Koushik Ghosh, Mr. Naman Garg and Ms. Aditi Shastri, Advocates Ms. versus UNION OF INDIA ..... Respondent Through: Mr. Ripu Daman Bhardwaj, CGSC with Mr. T.P. Singh, Advocate CORAM: HON'BLE MS. JUSTICE JYOTI SINGH JYOTI SINGH, J O.M.P. (COMM) 459/2016 JUDGMENT1 Present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (Act) seeking to set aside the Award passed by the sole Arbitrator on 07.07.2015.2. The necessary facts to decide the present petition are that a contract O.M.P. (COMM.) 459/2016 Page 1 of 32 was entered into between the petitioner and the respondent (DGBR) for supply, erection and commissioning of HMPs 30-45 TP...
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