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Delhi Court February 2019 Judgments

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Feb 08 2019

sh.subhash Verma & Ors. Vs.darshan Singh & Ors.

Court: Delhi

Decided on: Feb-08-2019

$~5&9 * + IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. 9/2018 & IAs 5203/2018, 16522/2018 + Date of Decision :8. h February, 2019 SH.SUBHASH VERMA & ORS. ........ Petitioners Through: Mr.Vikram Pradeep, Ms.Neha Rajpal, Mr.Ajit Singh, Mr.Dilip Pandita, Advs. versus DARSHAN SINGH & ORS. ........ RESPONDENTS Through: Mr.Harish Malhotra, Sr. Adv. with Mr.Abhimanyu Singh Khatri, Adv. O.M.P. (COMM) 218/2018 & IA70842018 SARAITA YADAV & ANR. ........ Petitioners Through: Mr.Harish Malhotra, Sr. Adv. with Mr.Abhimanyu Singh Khatri, Adv. versus SUBHASH VERMA & ORS. ........ RESPONDENTS Through: Mr.Vikram Pradeep, Ms.Neha Rajpal, Mr.Ajit Singh, Mr.Dilip Pandita, Advs. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA NAVIN CHAWLA, J.(Oral) 1. These petitions have been filed by the parties to the arbitration proceedings which culminated into the Impugned Award dated 23.12.2017 passed by the Sole Arbitrator adjudicating the OMP92018 & OMP (COMM) 218/2018 Page 1 disputes that have arisen between the partie...


Feb 08 2019

Ncc Limited vs.indian Oil Corporation Limited

Court: Delhi

Decided on: Feb-08-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on:25. 10.2018 Judgment pronounced on:08. 02.2019 ARB.P. 116/2018 NCC LIMITED Through Dr. Amit George, Mr. Rishabh Dheer, Mr. Swaroop George, Mr. K. Dileep and Ms. Rajsree Ajay, Advs. ........ Petitioner INDIAN OIL CORPORATION LIMITED versus ..... Respondent Through Mr. V.N. Koura with Mr. Nikhil Mundeja CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.1. The captioned petition is part of a batch of petitions which raised common issues for consideration. Counsel for the parties addressed arguments in the lead petition which is numbered as ARB. P. No.115/2018. I have already rendered my decision today i.e. 8.2.2019 in ARB. P. No.115/2018. It is common ground of counsel that, broadly, the facts obtaining in the captioned petition are same as those which obtain in ARB. P. No.115/2018.2. Except for the dates of important correspondence exchanged between the parties, the stand taken by both sides remains the same. As n...


Feb 08 2019

Alembic Pharmaceuticals Limited vs.union of India and Ors.

Court: Delhi

Decided on: Feb-08-2019

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11391/2017 & CM Nos. 46498/2017 & 46499/2017 ALEMBIC PHARMACEUTICALS LIMITED ........ Petitioner Through: Mr Saurav Agrawal, Ms Archana Sahadeva, Mr Tajali Andrabi and Mr. Anshuman Chowdhury, Advocates. versus UNION OF INDIA AND ORS. ........ RESPONDENTS Through: Mr Vinod Diwakar, CGSC with Mr Sayandeep Pahari and Ms Radhika Roy, Advocates for R- 1/UOI with Mr Manoj Kumar Singh, NPPA. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER0802.2019 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, impugning a demand notice dated 09.11.2017 (hereafter the impugned notice) issued by the National Pharmaceutical Pricing Authority (hereafter NPPA). By the impugned notice, the petitioner has been called upon to deposit a sum of 2,36,75,036/- with the Pay and Accounts Officer, NPPA, on the ground that the said amount was overcharged by the petitioner in respect of the formulation, Althrocin 125 mg Syrup containing Eryt...


Feb 08 2019

Ms. Shashi Adlakha vs.housing Development Finance Corporation Ltd.

Court: Delhi

Decided on: Feb-08-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision:8. h February, 2019 CRL.M.C. 6466/2018 & CRL.M.C. 6519/2018 $~17 & 22 * % + ........ Petitioner MS. SHASHI ADLAKHA Through: Mr. Ashok Tobria and versus Mr.Pradeep Kumar Pathak, Advs. HOUSING DEVELOPMENT FINANCE CORPORATION LTD. CORAM: HON'BLE MR. JUSTICE CHANDER SHEKHAR Through: None ..... Respondent CHANDER SHEKHAR, J.(ORAL) CRL.M.A. 50293/2018 (exemption) in CRL.M.C.6519/2018 1.2. Exemption allowed, subject to all just exceptions. The application is disposed of. CRL.M.C. 6466/2018 & CRL.M.A.50073/2018 (for stay) CRL.M.C. 6519/2018 & CRL.M.A.50292/2018 (for stay) 1. The petitioner has filed the present petitions under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. in short) for quashing of criminal proceedings in Criminal Case Nos.59787/2016 and 59793/2016, both under Section 138 of the Negotiable Instruments Act, 1881 (NI Act, in short) titled Housing Development Finance Corporation Ltd. v. Ms.Shashi Adlakha pendi...


Feb 07 2019

Avtar Singh @ Sunny vs.state of Delhi

Court: Delhi

Decided on: Feb-07-2019

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI % + Judgment delivered on:07. 02.2019 BAIL APPLN. 2791/2018 AVTAR SINGH @ SUNNY versus STATE OF DELHI ........ Petitioner ..... Respondent Advocates who appeared in this case: For the... Petitioner : For the Respondent: Mr. Vishal Kalra, Advocate. Mr. Hirein Sharma, APP for the State. CORAM:-"HONBLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT SANJEEV SACHDEVA, J.(ORAL) 1.... Petitioner seeks regular bail in FIR No.248/2018 under Section 3IPC, Police Station Ambedkar Nagar.2. The allegations in the FIR are that the petitioner along with the co accused assaulted the complainant and inflicted wounds on his stomach.3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that the statement of the complainant as well as of the two independent witnesses inter-alia the brother of the complainant have already been recorded before the BAIL APPLN. 2791/2018 Page 1 of 2 Trial Court and the witnesses have not ...


Feb 07 2019

Suresh Kumar vs.union of India and Ors.

Court: Delhi

Decided on: Feb-07-2019

$~15 * + SURESH KUMAR UNION OF INDIA AND ORS. CORAM: JUSTICE S.MURALIDHAR JUSTICE SANJEEV NARULA IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 8064/2015 ........ Petitioner Through: Mr.Pawan K.Sharma with Mr.Sarvesh Versus Singh & Ms.Kanika Madan, Advocates. ........ RESPONDENTS Through: Mr.Dev P.Bhardwaj, CGSC with Ms.Anubha Bhardwaj & Mr.Jatin Teotia, Advocates. % ORDER0702.2019 Dr. S. Muralidhar, J.:1. The... Petitioner, Suresh Kumar, has filed this petition seeking quashing of the findings and sentence awarded by the Summary Force Court (SFC) dated 18th September 2012 and the consequential dismissal order dated 30th June 2013. He also seeks the setting aside of the order dated 2nd July 2014 whereby his appeal was rejected.2. The background facts are that the... Petitioner was recruited in the year 2000 as Constable (General Duty) (Ct/GD) with the Sashastra Seema Bal (SSB). According to the... Petitioner, in 2010 he was deployed to work at the official residence of Inspector Gener...


Feb 07 2019

Morgan Securities & Credits Pvt. Ltd. Vs.bpl Display Devices Ltd. & An ...

Court: Delhi

Decided on: Feb-07-2019

$~5 & 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:7. h February, 2019 5 + 6 + VIDEOCON INDUSTRIES LTD. O.M.P. 665/2013 & I.A. 14901/2018 ........ Petitioner Through: Mr. Rajneesh Sharma, Advocate (M:98106. 3470). MORGAN SECURITIES & CREDITS PVT. LTD. & ANR. versus ........ RESPONDENTS Through: Mr. K. Datta and Mr. Simran Mehta, Advocates. (M:9891137150) AND O.M.P. 972/2013 MORGAN SECURITIES & CREDITS PVT. LTD. ........ Petitioner Through: Mr. K. Datta and Mr. Simran Mehta, Advocates. versus BPL DISPLAY DEVICES LTD. & ANR. CORAM: JUSTICE PRATHIBA M. SINGH ........ RESPONDENTS Through: Mr. Rajneesh Sharma, Advocate. Prathiba M. Singh, J.(Oral) 1. The present petitions have been filed under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the Act) challenging award dated 1st March, 2013, thereafter, corrected on 29th April, 2013 passed by Ld. Sole Arbitrator Justice A. P. Shah (Retd.).2. Morgan Securities & Credits Pvt. Ltd. (hereinafter Morgan Securi...


Feb 07 2019

Mohit Sharma vs.the State & Anr.

Court: Delhi

Decided on: Feb-07-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: February 07, 2019 CRL.M.C. 5859/2018 MOHIT SHARMA .....Petitioner Through: Ms. Vagisha Kochar, Advocate versus THE STATE & ANR .....Respondents Through: Mr. M.P.Singh, Additional Public Prosecutor for respondent-State with SI Arun Kumar Mr. S.Chand Yadav, Advocate with respondent No.2 in person CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.614/2017, under Sectionsof IPC, registered at Police Station Vijay Vihar, Delhi is sought on the ground that the subject matter of this FIR was promptly compromised with the respondent/complaint. Upon notice, Mr. M.P.Singh, Additional Public Prosecutor accepts notice for respondent-State and submits that respondent No.2, present in the Court affirms the contents of letter of 23rd May, 2017 which reflects that the subject matter of this FIR has been settled between the parties. Respondent No.2 submits that no dispute with petitioner now survives and so, the proceedings ...


Feb 07 2019

Laxmi @ Monu vs.mukesh Rana & Anr

Court: Delhi

Decided on: Feb-07-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI RFA No.107/2019 & CM Nos. 23593/2018 & 40831/2018 + % LAXMI @ MONU7h February, 2019 ..... Appellant Through: Ms. Ankita Patnaik (DHCLSC) for the appellant (9873519308 MUKESH RANA & ANR. versus ........ RESPONDENTS Through: Mr. Manish Kumar and Mr. Deepak Sahni, Advocates for R-1. (9312914670) CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA To be referred to the Reporter or not?. YES VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant No.2 in the suit, and who is the sister-in-law of the respondent No.1/plaintiff, impugning the Judgment of the trial court dated 20.03.2018, by which the trial court has decreed the suit filed by the respondent no.1/plaintiff/brother-in-law against the appellant/defendant No.2/ sister-in-law, to the extent of the relief of possession, under Order XII Rule 6 CPC by holding that it stands admitted as per the pleadings in RFA No.107/201...


Feb 07 2019

Sumit Juneja & Anr vs.ram Kanwar

Court: Delhi

Decided on: Feb-07-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI + % SUMIT JUNEJA & ANR. RFA No.866/2018 & CMs. 44128-29/2018 7th February 2019 ..... Appellants Through: Mr. Udaibir Singh Kochar, RAM KANWAR Advocate versus ..... Respondent Through: Mr. Rohit Kumar Modi, CORAM: HONBLE MR. JUSTICE VALMIKI J.MEHTA Advocate. To be referred to the Reporter or not?. VALMIKI J.MEHTA, J (ORAL) 1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant nos. 2 and 3 in the suit, and who are the legal heirs of late defendant No.1. Late defendant No.1 was the husband of defendant No.3 and the father of defendant No.2. The defendant No.2 is the appellant no.1 and defendant No.3 is the appellant No.2 in this appeal. By the impugned judgment, the trial court has decreed the suit for recovery of moneys RFA No.866/2018 Page 1 of 12 filed by the respondent/plaintiff for an amount of Rs. 7,11,187/- along with interest at 9% per annum on account of such moneys being invest...


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