Delhi Court October 2019 Judgments
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Union of India vs.m/s Chenab Construction Company (Regd)
Court: Delhi
Decided on: Oct-15-2019
$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:19. h July, 2019 Pronounced on :15. October, 2019 FAO(OS) (COMM) 16/2018 UNION OF INDIA ..... Appellant Through: Mr. Vijay Kumar Pandey and Mr. Anshuman Sinha, Advocates. Versus M/S CHENAB CONSTRUCTION COMPANY (REGD) Through: Mr. Sandeep Sharma and Mr. Sarthak Mannan, Advocates. ..... Respondent CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL G.S. SISTANI, J.1. This is an appeal filed under Section 13(3) of the Commercial Courts Act read with Section 37 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act).2. The appellant/Union of India has assailed the impugned order dated 22.09.2017 passed by a learned Single Judge of this Court by which the objections to the award have been dismissed and the award of the learned Arbitrator dated 26.12.2016 has been upheld.3. The brief facts necessary to be noticed for disposal of this appeal are that the appellant/petitioner i...
Anil Kumar Luthra & Anr. Vs.partik Arora & Ors.
Court: Delhi
Decided on: Oct-15-2019
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:11. h September, 2019 Decided on:15. h October, 2019 CS(OS) 223/2017 & I.A. 6233/2017 (u/O XXXIX Rule 1&2 CPC) ANIL KUMAR LUTHRA & ANR ..... Plaintiffs Represented by: Ms.Sudeepti Singh, Ms.Akansha Jain versus PARTIK ARORA & ORS and Ms.Meena Khanna, Advocates. Plaintiff No.1 in person. ..... Defendants Represented by: Mr.Arun Vohra, Advocate for defendant Nos.6 to 9. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. Present suit has been filed by the plaintiffs inter-alia seeking a decree of specific performance of the Agreement to Sell dated 7th October, 2015 entered into between the plaintiffs and late Satish Arora and defendant Nos.4 and 5 and further directions to defendant Nos.7 to 9 to confirm the Agreement to Sell dated 7th October, 2015 by signing the said agreement as a witness as per the Memorandum of Understanding dated 6th May, 2015 and complete the construction, hand over the possession and execute a sale dee...
Anish & Ors vs.state & Ors.
Court: Delhi
Decided on: Oct-15-2019
IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15.10.2019 * % + W.P.(CRL) 1125/2019 ANISH & ORS. Through: Mr. Farah Naz, Advocate ........ Petitioners Versus STATE & ORS. Through: Ms. Nandita Rao, Additional ..... Respondent Standing Counsel for State with SI Akhilesh Sharma Respondent No.2 in person CORAM: HON'BLE MR. JUSTICE BRIJESH SETHI JUDGMENT BRIJESH SETHI, J (ORAL) 1. Quashing of FIR No.118/2015, under Sections 498A/ 4IPC read with Section 4 of Dowry Prohibition Act, 1961, registered at police station Welcome, Delhi is sought on the ground that the matrimonial dispute between the parties stands amicably settled before the Family Court on 18th December, 2017.2. 3. Notice. Learned Standing Counsel for the respondent/State submits that petitioners as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified on the basis of W.P.(Crl.) 1125/2019 Page 1 of 2 identity proof furnished by them.4. Respondent No.2, present in t...
Jyotsna Mishra vs.union of India & Ors.
Court: Delhi
Decided on: Oct-15-2019
$ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:15. 10.2019 W.P.(C) 4550/2018 JYOTSNA MISHRA ........ Petitioner Through Mr.R.S.Mishra, Mr.Anand Mishra and Mr.A.K.Pandey, Advocates. versus UNION OF INDIA & ORS. ........ RESPONDENTS Through Mr.Arun Bhardwaj, Advocate for R-1. Mr.Aman Yadav, Advocate Mr.Digvijay Rai, Advocate for R-2 to R-5. for CORAM: HON'BLE MR. JUSTICE A.K.CHAWLA JUDGMENT A.K. CHAWLA, J.(ORAL) By the instant petition, the petitioner, in effect, seeks issuance of a writ of mandamus to the respondents for grant of promotion to the post of Assistant Manager (Official Language) with effect from 01.07.2014 instead of 01.10.2016. W.P.(C.) No.4550/2018 Page 1 of 6 on 27.04.2011. On Concisely, the facts relevant (Official Language) to the subject matter are that the 2. petitioner joined the respondent-Airport Authority of India in short 'AAI', as Junior Executive the recommendation of the Departmental Promotion Committee, the competent authority approved the ...
M/S Olive Green Farms Pvt. Ltd. Vs.vikrant Seth & Anr.
Court: Delhi
Decided on: Oct-15-2019
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + C.R.P. 135/2018 Judgment delivered on:15. 10.2019 M/S OLIVE GREEN FARMS PVT LTD versus VIKRANT SETH & ANR ........ Petitioner ........ RESPONDENTS Advocates who appeared in this case: For the... Petitioner: Mr.Sameer Dewan, Advocate. For the Respondent: Mr.Rishab Raj Jain, Advocate for R-1. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1. Order dated 10.12.2018 records that despite service none has been appearing for respondent No.2. Even today none is present on behalf of respondent No.2.2. 3. Accordingly, respondent No.2 is proceeded ex-parte.... Petitioner impugns order dated 08.05.2018 whereby the suit of the petitioner has been dismissed for non-prosecution.4. Order dated 08.05.2018 records that adjournments were being sought by the plaintiff and it appeared that plaintiff was not interested in pursuing the suit. C.R.P. 135/2018 1 5. Learned counsel for the petitioner submits that the petitioner/pl...
Sh. Ram Kumar vs.state & Anr.
Court: Delhi
Decided on: Oct-15-2019
$~54 * + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 5223/2019 Date of decision:15. 10.2019 SH. RAM KUMAR ........ Petitioner Through Mr. Rajesh Kumar, Adv. versus ........ RESPONDENTS Through Mr. Izhar Ahmed, APP for State STATE & ANR. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT Complainant no.2 in person JUDGMENT (ORAL) CRL. M.A. 38095/2019 1.2. Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 5223/2019 3. Vide the present petition, the petitioner seeks direction thereby quashing FIR No.0843/2017 dated 20.12.2017, registered at PS Nihal Vihar and all other proceedings emanating therefrom.4. 5. Notice issued. Notice is accepted by learned APP for the State.6. With the consent of the counsel for the parties, the present petition is CRL.M.C. 5223/2019 Page 1 of 2 taken up for final disposal.7. The present petition is filed on the ground that the parties have settled their disputes and the respondent no.2 has no objection if the present petition is allo...
Rail Land Development Authority vs.bhagwati Rail Infra Pvt Ltd.
Court: Delhi
Decided on: Oct-15-2019
$~ * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :26. h July, 2019 Judgment pronounced on :15. October, 2019 FAO(OS) (COMM) 37/2017 & C.M.6300/2017 RAIL LAND DEVELOPMENT AUTHORITY ..... Appellant Through: Mr.Shaurya Sahay, Mr.A.M.Tripathi and Mr.Kumar Abhishek, Advocates versus BHAGWATI RAIL INFRA PVT LTD. ..... Respondent Through: Mr.Arunav Patnaik and Mr.Karun CORAM: HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL Pahwa, Advocates G.S.SISTANI, J.(ORAL) 1. The appellant has filed the present appeal under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996(hereinafter referred to as the Act) read with Section 13(1) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015(hereinafter referred to as the Commercial Courts Act) against the judgment of the learned Single Judge dated 24.10.2016, by which the objections to the Award dated 30.04.2016 stand dismissed.2. Some necessary fact...
Kamal Singh & Anr. Vs.munish Kumar Azad & Anr.
Court: Delhi
Decided on: Oct-15-2019
$~9 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:15. 10.2019 MAC.APP. 233/2009 KAMAL SINGH & ANR. ..... Appellant Through: Mr. Manish Maini, Advocate. versus MUNISH KUMAR AZAD & ANR. ........ RESPONDENTS Through: Mr. Arihant Jain, Advocate for R-2. CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns the award of compensation dated 14.11.2008 passed by the learned MACT in Suit No.09/06, primarily on the ground that rate of interest @7.5% p.a. is on the lower side and it should be enhanced. The Court is of the view that for the past almost half a decade, rate of interest has been calculated at 9% p.a. It is so ordered in the present case. Accordingly, on the awarded amount of Rs. 4,34,000/-, interest shall be payable @ 9% p.a. from the date of filing of the Claim Petition till its realization.2. Let the computed amount be deposited before the learned Tribunal, within three weeks from the date of receipt of copy of this order, to be MAC.APP. N...
Shiv Ram vs.anand Kumar
Court: Delhi
Decided on: Oct-15-2019
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:15. 10.2019 RC.REV. 593/2019 SHIV RAM ANAND KUMAR versus ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner: Mr. Ram Niwas Buri and Mr. Lalit Narayan Singh, Advocates For the Respondent: None. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner impugns judgment dated 05.07.2019 whereby the petition filed by the petitioner for eviction of the respondent on the ground of bonafide necessity under Section 14 (1) (e) of Delhi Rent Control Act, 1958 has been dismissed after trial.2. Subject eviction petition was filed by the petitioner with regard to one room out of the residential building in property bearing No.D- 1/230, Nand Nagari, Delhi. The defence taken by the respondent was that he is not a tenant Page 1 of 6 3. RC.REV. 593/2019 in the property and that the property was jointly allotted to the petitioner as well as the fathe...
Ripu Daman vs.shri Dalip Kumar
Court: Delhi
Decided on: Oct-15-2019
* % + IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:27. h September, 2019 Decided on:15. h October, 2019 CS(OS) 72/2017 & I.A. 2098/2017 (u/O.XXXIX R. 1&2 CPC) RIPU DAMAN ..... Plaintiff Represented by: Mr.Nikhilesh R, Mr.Navdeep Jain and Mr.Aakash Choudary, Advocates. versus Represented by: Mr.Atul Varma, Advocate. ..... Defendant SHRI DALIP KUMAR CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA MUKTA GUPTA, J.1. By the present suit, the plaintiff claims a decree for recovery of possession in favour of the plaintiff and against the defendant directing the defendant to hand-over the vacant peaceful possession of the property bearing Plot No.32 located in Block K-5, P.O & PS Model Town, Delhi- 110009 (in short the suit property) in favour of the plaintiff, damages, mesne profit, cost and permanent injunction against the defendant from parting with the possession of the suit property or creating any third party rights.2. Summons in the suit were issued on 17th February, 2017 whereafter the d...
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