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Delhi Court July 2019 Judgments

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Jul 17 2019

Oswal Agro Mills Ltd. Vs.oswal Woollen Mills Ltd.

Court: Delhi

Decided on: Jul-17-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on 14.11.2018 Judgment Pronounced on 17.07.2019 + OMP (ENF.) (COMM.) 116/2018 & I.A. No.6694/2018 1. OSWAL AGRO MILLS LTD. ..... Decree Holder Through: Mr. Sajiv Kakra with Mr. Gourav Arora, Advs versus OSWAL WOOLLEN MILLS LTD. ..... Judgment Debtor Through: Mr. Pramod B. Agarwala with Mr. Aayush Agarwala, Advs CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.The instant petition raises an issue which falls in a narrow compass. The issue which arises for consideration is : as to how money deposited by the judgment debtor with the Registry of this Court under an interim order passed by the Division Bench of this Court in an appeal is to be appropriated towards the satisfaction of the decree. Prefatory facts 2. The background in which this issue arises for consideration is as follows.3. The judgment debtor appointed the decree holder as an agent via an agreement dated 30.3.1982 (hereafter referred to as 1st Agree...


Jul 17 2019

Cadd Systems and Services Private Limited vs.competition Commission of ...

Court: Delhi

Decided on: Jul-17-2019

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6661/2019 & CM APPL. 28107/2019, 28108/2019 CADD SYSTEMS AND SERVICES PRIVATE LIMITED ........ Petitioner Through Mr Raj Shekhar Rao, Mr Tushar Gupta, Mr Sumit Mishra, Mr Pramod Singh, Mr Siddharth H. Raval, Advocates. versus COMPETITION COMMISSION OF INDIA..... Respondent Through Mr Samar Bansal, Mr Devahuti Pathak, Mr Manan Shishodia, Advocates for CCI. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % ORDER1707.2019 VIBHU BAKHRU, J1 The petitioner has filed the present petition, inter alia, impugning the orders dated 23.04.2019 and 08.05.2019 (hereafter the impugned orders) passed by the respondent (Competition Commission of India CCI) in Case No.12 of 2017 titled as Nagrik Chetna Manch v. SAAR IT Resources Private Limited and Ors. By the order dated 23.04.2019, CCI adjourned the final hearing of the said case to 08.05.2019. On 08.05.2019, CCI heard detailed arguments and reserved the matter for judgment.2. The petitioner contends tha...


Jul 17 2019

Cholamandalam Ms General Insurance Co. Ltd. Vs.devender & Ors.

Court: Delhi

Decided on: Jul-17-2019

$~8 * % + IN THE HIGH COURT OF DELHI AT NEW DELHI Decided on:17. 07.2019 MAC.APP. 803/2018 & CM Nos.36596 & 36602/2018 CHOLAMANDALAM MS GENERAL INSURANCE CO LTD. ..... Appellant Through: Mr. Pankaj Gupta, Advocate for Ms. Suman Bagga, Advocate. ........ RESPONDENTS Versus DEVENDER & ORS. Through: CORAM: HON'BLE MR. JUSTICE NAJMI WAZIRI NAJMI WAZIRI, J.(Oral) 1. This appeal impugns the award of compensation on the ground that it is devoid of any proof that the injured-claimant was (i) by vocation a driver of a motor vehicle and (ii) that he had suffered loss of future income. However, both these issues have been duly considered in the impugned order. The respondent injured was hospitalised on account of a motor vehicle accident for a period of about ten months. It is not in dispute that the injured was admitted in Orthoplus Hospital, Gopal Nagar, Najafgarh, Delhi on 30.01.2011 and was discharged on 08.02.2011.2. The accident took place on 01.09.2010. The injured had suffered pelvic fra...


Jul 17 2019

Sh. r.p. Gupta vs.state & Anr.

Court: Delhi

Decided on: Jul-17-2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: July 05, 2019 Pronounced on: July 17, 2019 + CRL.M.C. 4984/2018 and CRL.M.A. 33208/2018 & CRL.M.As. 5733-5734/2019 CRL.M.C. 4981/2018 and CRL.M.A. 33202/2018 CRL.M.C. 4980/2018 and CRL.M.A. 33200/2018 CRL.M.C. 4983/2018 and CRL.M.A. 33206/2018 CRL.M.C. 4982/2018 and CRL.M.A. 33204/2018 CRL.M.C. 4969/2018 and CRL.M.A. 33143/2018 + + + + + SHIVOM MINERALS LIMITED & ORS. SH. R.P. GUPTA .....Petitioners STATE & ANR. Through: Mr. N. Hariharan, Senior Advocate with Mr. Ashwani Kr. Dhatwalia, Ms. Iti Sharma and Mr. Kuljeet Rawal, Advocates. Versus Through: Mr. .....Respondents Izhar Ahmad, Additional Public Prosecutor for State. Mr. Ashish Pratap Singh & Ms. Deepa Sharma, Advocates for respondent No.2. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER In the above captioned six petitions quashing of complaints under Section 138 of Negotiable Instruments Act, 1881 and the summoning orders was sought initially on the ground that the cheques in qu...


Jul 17 2019

Kewal Krishan Kumar vs.sameer Bhutani Rajeev Kumar Batra

Court: Delhi

Decided on: Jul-17-2019

$~7 & 8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + + 1. RFA(OS) 50/2019 & C.M.23501/2019 (stay) RFA(OS) 51/2019 & C.M.23758/2019 (stay) & 23762/2019 (delay) KEWAL KRISHAN KUMAR ..... Appellant Through: Mr.Abhishek Sharma, Mr. Narendera M. Sharma and Mr. Aditya Singh, Advocates versus SAMEER BHUTANI RAJEEV KUMAR BATRA ........ RESPONDENTS Through: None CORAM: HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON % These appeals are directed against a common judgment dated 24th ORDER1707.2019 January, 2019, passed by the learned Single Judge in two summary suits [CS(OS) 462/2018 and CS(OS) 463/2018]. instituted by the respondents/plaintiffs whereunder the leave to defend applications filed by the appellant/defendant have been dismissed. Resultantly, a decree has been granted in favour of the respondents/plaintiff in CS(OS) 462/2018 (subject matter of RFA502019) and CS(OS) 463/2018 (subject matter of RFA512019).2. For considering the factual matrix, we shall refer to the facts of...


Jul 17 2019

Amit Mittal vs.commissioner of Police, Delhi and Anr.

Court: Delhi

Decided on: Jul-17-2019

$~40 * + IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 7662/2019 & CM No.31858/2019 AMIT MITTAL ........ Petitioner Through: Mr D. K. Yati, Advocate alongwith petitioner in person. versus COMMISSIONER OF POLICE, DELHI AND ANR. ........ RESPONDENTS Through: Mr Ramesh Singh, Standing Counsel, GNCTD with Mr Ishan Agarwal, Advocate with SI Anil, Licencing Unit. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU % VIBHU BAKHRU, J ORDER1707.2019 The petitioner has filed the present petition, inter alia, 1. impugning an order dated 31.05.2019 (hereafter the impugned order) passed by respondent no.1 (the Commissioner of Police) rejecting the petitioners appeal against an order dated 24.04.2019 passed by the Licencing Authority, cancelling the Registration Certificate issued to the petitioner under the Delhi Eating House Registration Regulation 1980 to operate an Eating Houses at premises bearing No.27, Ground Floor to Third Floor, Panchkuian Road, New Delhi. The petitioner was operating a restaurant-c...


Jul 17 2019

Ircon International Limited vs.m/s Pcl-Brahmaputra Consortioum Ltd (Jv ...

Court: Delhi

Decided on: Jul-17-2019

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved On 11.03.2019 Pronounced On 17.07.2019 + O.M.P. (COMM) 82/2017 & I.A. No.6306/2018 IRCON INTERNATIONAL LIMITED Through: Mr. Chandan Kumar, Advocate. versus ........ Petitioner M/S PCL-BRAHMAPUTRA CONSORTIOUM LTD (JV) & ANR Through: Mr. Anil Seth, Advocate. ........ RESPONDENTS + O.M.P. (COMM) 83/2017 & I.A. No.6023/2018 IRCON INTERNATIONAL LTD Through: Mr. Chandan Kumar, Advocate. versus ........ Petitioner M/S PCL -BRAHMAPUTRA CONSORTIUM LTD (JV)..... Respondent Through: Mr. Anil Seth, Advocate. CORAM: HON'BLE MR. JUSTICE RAJIV SHAKDHER RAJIV SHAKDHER, J.O.M.P. (COMM.) 82-83/2017 1. The captioned petitions assail two separate awards passed by a common arbitrator in respect of disputes erupting between IRCON International Ltd. (hereafter referred to as 'IRCON') and PCL-Brahmaputra Consortium Ltd. (JV) (hereafter referred to as PCL). The award dated 28.5.2010 is the subject matter of O.M.P.(COMM) 82/2017 while the award dated 29.4.20...


Jul 17 2019

Chirag Associates Pvt Ltd Through Its Director p.s.kalra vs.govt. Of N ...

Court: Delhi

Decided on: Jul-17-2019

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:17. 07.2019 + W.P.(C) 7061/2012 CHIRAG ASSOCIATES PVT LTD THROUGH ITS DIRECTOR P.S.KALRA ........ Petitioner Through Mr.R.K. Gupta, Adv. with Mr.Ujjal Banerjee & Mr.Sanat Garg, Advs. versus GOVT. OF NCT, DELHI AND ORS ........ RESPONDENTS Through Mr.Santosh Kr. Tripathi, ASC with Mr.Rishabh Ostwal, Mr.Shashank Tiwari, Mr.Arpit Bisht & Ms.Shivangi Singh, Advs. CORAM: HON'BLE MR. JUSTICE SURESH KUMAR KAIT JUDGMENT (ORAL) 1. Vide the present petition, the petitioner seeks direction directing the respondents to allow the petitioner to have the conveyance deed executed by paying the stamp duty @ 0.5 % (balance of then existing stamp duty of 8% on the conveyance deed) under Article 23 of the Scheduled A of the Indian Stamp Act, 1969 on the sale consideration of 7,20,00,000/-. W.P.(C) 7061/2012 Page 1 of 15 2. The brief facts of the case are that the petitioner is a Company incorporated under the provisions of the Companies Act, ...


Jul 17 2019

Saurabh Arora & Ors vs.state of Nct of Delhi & Anr

Court: Delhi

Decided on: Jul-17-2019

* + IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 929/2019 SAURABH ARORA & ORS Date of Order: July 17, 2019 .....Petitioners Through: Mr. Yogesh Swaroop & Mr. Saurabh Pandey, Advocates. Versus STATE OF NCT OF DELHI & ANR .....Respondents Through: Mr. M.P. Singh, Additional Public Prosecutor for State with SI Davender Singh. Mr. Nasir Ahmed, Advocate with Respondent No.2 in person. CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER (ORAL) Quashing of FIR No.190/2008, under Sections 420/468/471/120B of IPC, registered at Police Station EOW Mandir Marg, Delhi is sought on the basis of affidavit of 15th May, 2019 of respondent No.2 and Memorandum of Understanding of 1st October, 2018 (Annexure-5). Upon notice, learned Additional Public Prosecutor for respondent- State submits that respondents No.2, who is present in Court, is the complainant of FIR in question and he has been identified to be so, by SI Davender Singh, on the basis of identity proof produced by her.... RESPONDENTS No.2, present...


Jul 17 2019

The United India Insurance Co. Ltd. Vs.poonam & Ors. (Iffco-Tokio Gene ...

Court: Delhi

Decided on: Jul-17-2019

IN THE HIGH COURT OF DELHI AT NEW DELHI $~18 to 20 * % + MAC.APP. 224/2019 & CM APPL. 6222/2019 Decided on:17. 07.2019 THE UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. S.P. Jain and Mr. Himanshu Gambhir, Advocates. versus RAM BHATERI & ORS ........ RESPONDENTS Through: Mr. Jatinder Kumar, Advocate for R-1. Dr. Puran Chand, Advocate for R-2 & R-3. Mr. Rajiv Kumar Ghawana, Mr. Jitender Vashisht and Mr. Parveen Kumar, Advocates for R-4. Mr. Brijesh Bagga, Advocate for R-5. + MAC.APP. 225/2019 & CM APPL. 6226/2019 THE UNITED INDIA INSURANCE CO LTD ..... Appellant Through: Mr. S.P. Jain and Mr. Himanshu Gambhir, Advocates. versus INDIRA & ORS (IFFCO-TOKIO GENERAL INSURANCE CO.LTD.) Through: Mr. Jatinder Kumar, Advocate for ........ RESPONDENTS R-1 to R-5. Dr. Puran Chand, Advocate for R-6 & R-7. MAC.APP. Nos. 224, 225 & 227/2019 Page 1 of 8 Mr. Brijesh Bagga, Advocate for R-9. Mr. Rajiv Kumar Ghawana, Mr. Jitender Vashisht and Mr. Parveen Kumar, Advocate for R-8. + MAC.APP. 22...


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