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Delhi Court February 2019 Judgments

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Feb 25 2019 (HC)

Manoj Kapoor vs.dinesh Saigal

Court: Delhi

$~47 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order:25. 02.2019 Tr. P. (C) No.18/2019 MANOJ KAPOOR ........ Petitioner Through: Mr. Kislay Pandey, Mr. Anurag Parashar & Mr. Harshit Behl, Advocates. Versus DINESH SAIGAL CORAM: HON'BLE MR. JUSTICE VINOD GOEL ....Respondent C.M. No.8898/2019 (for exemption) Allowed, subject to all just exceptions. The application is disposed of. Tr. P. (C) No.18/2019 & C.M. Nos.8899/2019, 8900/2019 1. The petitioner seeks transfer of Civil Suit No.1688/2018 from the court of learned District & Sessions Judge, South-East District, New Delhi, to any other court of competent jurisdiction.2. Learned counsel for the petitioner contends that the learned District & Sessions Judge did not grant an opportunity to the petitioner to engage a counsel. He submits that the learned Judge recorded the statement of the petitioner/defendant and passed an order on 14.01.2019 by which he has been prejudiced and for that reason, the petitioner has no faith in the...

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Feb 25 2019 (HC)

Rajesh Kumar & Ors. Vs.the State & Anr.

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 25, 2019 + CRL.M.C. 1051/2019 & CRL.M.A. 4210/2019 RAJESH KUMAR & ORS. ........ Petitioners Through: Mr. Sanjay K. Jha, Advocate Versus THE STATE & ANR. ........ RESPONDENTS Through: Mr. Izhar Ahmed, Additional Public Prosecutor for respondent No.1-State with SI Virender Kumar Mr. Yatender Khatri, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.336/2016, under Sections 498-A/4of IPC, registered at police station K.N.Katju Marg, Delhi is sought on the basis of mediated settlement of 28th February, 2018 reached between the parties. Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondent No.2, present in the Court is the complainant/first informant of FIR in question and she has been identified to be so, by SI Virender Kumar on the basis of identity proof produced by her. Respondent No.2, present in the Court, submits that ...

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Feb 25 2019 (HC)

Indian Compressors Limited vs.the Government of Nct of Delhi & Ors

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on:25. 02.2019 W.P.(C) 4026/2017& CM No.52444/2018 INDIAN COMPRESSORS LIMITED ........ Petitioner versus THE GOVERNMENT OF NCT OF DELHI & ORS Advocates who appeared in this case: For the... Petitioner ........ RESPONDENTS :Mr Sukumar Pattjoshi, Sr. Advocate with Mr Pratap Shanker, Mr Swetank Shantanu, Ms A. Shivani and Ms Surabhi, Advocates. :Ms Swaty Singh Malik, Ms Yaashna Jhaaran and Mr Mushan Gupta, Advocates for R-1. Mr Vikrant Narayan Vasudeva, Advocates for R-2 & R-3. For the... RESPONDENTS CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU JUDGMENT VIBHU BAKHRU, J The petitioner has filed the present petition,inter alia, praying that 1. directionsbe issued against the respondents to refund of the sub-letting charges paid the petitioner, along with interest and further seeking conversion of the property (Shed No.35, Okhla Industrial Estate, New Delhi hereafter the Property) from leasehold to freehold.2. The petitioner is a publi...

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Feb 25 2019 (HC)

Anil Sharma & Ors. Vs.state of Nct of Delhi & Ors

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 25, 2019 CRL.M.C. 1077/2019 ANIL SHARMA & ORS. .....Petitioners Through: Mr. Mayank Mehandru and Ms. Charu Tandon, Advocates Versus STATE OF NCT OF DELHI & ORS .....Respondents Through: Mr. Izhar Ahmad, Additional Public Prosecutor for respondent- State with SI Neeraj Kumar Mr. Wasiq Khan and Mr. Shubham Vishwakarma with respondents in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) CRL.M.A.4270/2019 (Exemption) Allowed subject to all just exceptions. CRL.M.C. 1077/2019 Quashing of FIR No.1291/2015, under Sections 420/34/120B of IPC registered at police station Kotla Mubarakpur, Delhi is sought on the basis of Memorandum of Understanding of 30th January, 2019 and on the ground that the misunderstanding which led to registration of the FIR, now stands cleared between the parties. CRL.M.C. 1077/2019 Page 1 of 3 Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondents pres...

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Feb 25 2019 (HC)

Mmtc Limited vs.m/s Karam Chand Thapar & Bros (Coal Sales) Ltd

Court: Delhi

$~3 * + IN THE HIGH COURT OF DELHI AT NEW DELHI FAO(OS) (COMM) 2/2019 & CM No.379/2019(Stay) MMTC LIMITED ..... Appellant Through: Mr. Sanat Kumar, Senior Advocate with Mr. Vikram Mehta and Mr. Sarthak Khurana, Advocates. M/S KARAM CHAND THAPAR & BROS (COAL SALES) LTD versus ..... Respondent Through: None. CORAM: JUSTICE SANJEEV NARULA JUSTICE S.MURALIDHAR % ORDER2502.2019 SANJEEV NARULA, J.1. This is an appeal filed under Section 13 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter referred to as Commercial Courts Act) read with Section 37 of Arbitration and Conciliation Act 1996 (hereinafter referred to as the Act). The Appellant challenges the judgment dated 31st October 2018 passed by learned Single Judge in O.M.P. (COMM) No.193 of 2017 whereby objections against a unanimous Award dated 7th January 2017 have been dismissed, and resultantly the claims preferred by the... RESPONDENTS before the Arbitral Tribunal have...

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Feb 25 2019 (HC)

Terumo Penpol Private Limited vs.union of India and Anr.

Court: Delhi

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1922/2019 & CM Nos. 8947-8948/2019 TERUMO PENPOL PRIVATE LIMITED ........ Petitioner Through: Mr S. Ganesh, Sr. Advocate with Mr Samudra Sarangi, Ms Shruti Raina and Mr Shahab Ahmad, Advocate. versus UNION OF INDIA AND ANR. ........ RESPONDENTS Through: Mr Anurag Ahluwalia, CGSC with Mr Jitendra Kumar Tripathi, CGP for R-1 and R-2 alongwith Mr Alok Ranjan, Assistant Director of R-1 and R-2. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER2502.2019 VIBHU BAKHRU, J1 Issue notice. Mr Ahluwalia, learned counsel appearing for the respondents accepts notice. With the consent of the counsel, the petition is taken up for final hearing.2. The petitioner has filed the present petition, inter alia, impugning an order dated 22.01.2019 (hereafter the impugned order) passed by the National Pharmaceutical Pricing Authority (NPPA), calling upon the petitioner to pay a sum of `16,44,47,476/- as the amount overcharged by the petitioner alongwith in...

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Feb 25 2019 (HC)

Gurcharan Singh Sahney & Ors. Vs.harpreet Singh Chhabra & Anr.

Court: Delhi

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:25. h February, 2019 + CS (OS) 3891/2014 & I.A. 5501/2015 GURCHARAN SINGH SAHNEY & ORS. ..... Plaintiffs Through: Mr. Sandeep Sharma, Mr. Amit Choudhary Rakshay, Mr. Virmani Sukhmeet Singh Lamba, Advocates. (M:9582028538) versus HARPREET SINGH CHHABRA & ANR. .... Defendants Through: Mr. H. S. Kohli, Advocate. (M:9810119661) CORAM: JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral) I.A. 15997/2015 (u/S8of the Arbitration and Conciliation Act, 1996) 1. The Plaintiffs have filed the present suit for cancellation, declaration, recovery, permanent injunction and mandatory injunction, seeking the following reliefs: (a) pass and pronounce a decree to cancel the settlement deed dated 30.04.2012, letter of guarantee dated 30.04.2012, ratification deed dated 03.05.2012 and the special power of attorney dated 28.05.2012 against the Defendants and in favour of the Plaintiffs; (b) pass and pronounce a decree to declare null and void ...

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Feb 25 2019 (HC)

Narender Dutt Sharma & Anr. Vs.the State & Anr.

Court: Delhi

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 25, 2019 CRL.M.C. 1063/2019 & Crl.M.A. 4236/2019 NARENDER DUTT SHARMA & ANR. Through: Ms. Manju Dutt, Advocate ........ Petitioners Versus THE STATE & ANR. ........ RESPONDENTS Through: Mr. M.S.Oberoi, Additional Public Prosecutor for respondent No.1- State with SI Madan Mohan Mr. Roopak Gaur, Advocate with respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR Quashing of ORDER (ORAL) FIR No.323/2013, under Sections 323/354A(1)(i)/506/5IPC, registered at police station Ranhola, Delhi is sought on the basis of affidavit of 21st January, 2019 of respondent No.2. Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondent No.2, present in the Court, is complainant/first-informant of the FIR in question and she has been identified to be so, by her counsel as well as by SI Madan Mohan on the basis of identity proof produced by her. Respondent No.2, present in the Court, affirms the conten...

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Feb 25 2019 (HC)

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

Court: Delhi

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 25, 2019 + + + + + + + CRL.M.C. 3734/2018 and CRL.M.A. 28743/2018 CRL.M.C. 3735/2018 and CRL.M.A. 28747/2018 CRL.M.C. 3736/2018 and CRL.M.A. 28750/2018 CRL.M.C. 3737/2018 and CRL.M.A. 28753/2018 CRL.M.C. 3738/2018 and CRL.M.A. 28756/2018 CRL.M.C. 3739/2018 and CRL.M.A. 28759/2018 CRL.M.C. 3765/2018 and CRL.M.A. 28838/2018 SUDHIR CHADHA NARENDER SINGH SUDESH JAIN RAJAT JAIN K L BAJAJ ANIL KUMAR SHARMA JASVEEN KAUR .....Petitioners Through: Mr. Ravinder Kr. Yadav and Mr. Vinayak Sharma, Advocates Versus STATE (GOVT OF NCT OF DELHI) & ANR. GOVT OF NCT OF DELHI & ANR. STATE & ANR ........ RESPONDENTS Through: Ms. Neelam Sharma, Additional Public Prosecutor for State Mr. Sachin Datta, Senior Advocate with Mr. Deeptanshu Jain, and Mr. Arpit Dewidi, Advocates for Respondent No.2 CORAM: HON'BLE MR. JUSTICE SUNIL GAUR CRL.M.C. 1967/2017 and connected matters Page 1 of 4 ORDER (ORAL) In the above captioned seven petitions, challen...

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Feb 25 2019 (HC)

Cnh Industrial (India) Pvt. Ltd. Vs.tirth Agro Technology Pvt. Ltd.

Court: Delhi

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:25. 02.2019 CS(COMM) 822/2017 $~OS-6 * % + CNH INDUSTRIAL (INDIA) PVT. LTD. ..... Plaintiff Through Mr.Chander M. Lall, Sr. Adv. with Ms.Rajeshwari H., Ms.Nancy Roy, Ms.Swapnil Gaur, Mr.Kumar Ghitranshu, Advs. Versus TIRTH AGRO TECHNOLOGY PVT. LTD. ..... Defendant Through Mr.Sudhir Chandra, Sr. Adv. with Mr.Zahid Shaikh and Mr.Nilesh Nayak, Advs. CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH, J.(Oral) IA No.17273/2018 This application is filed seeking condonation of delay of 282 days in filing of the replication. Learned senior counsel for the defendant relies upon an order of a Coordinate Bench of this court in CS(COMM) 158/2017 titled as Kent RO Systems Ltd. & Anr. Vs. R.K. Goyal, dated 01.12.2017 to submit that a replication is also a pleading and the limitation period of 120 days would therefore apply. Since the period of 120 days is a mandatory provision, the present replication filed after 282 days cannot be taken on r...

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