Himachal Pradesh Court September 2001 Judgments
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United India Insurance Co. Ltd. Vs. Paras Ram and anr.
Court: Himachal Pradesh
Decided on: Sep-26-2001
Reported in: I(2002)ACC243,2002ACJ243
Kamlesh Sharma, J.1. These four appeals (F.A.O. Nos. 464, 465, 466 and 467 of 2000) are preferred by United India Insurance Co. Ltd., which was respondent No. 2 in the claim petitions. It is aggrieved by the orders dated 24.8.2000, impugned in each appeal and which are identical, whereby its applications under Order 9, Rule 13 read with Section 151, Civil Procedure Code for setting aside the awards dated 31.3.1998 passed ex parte against it by the Motor Accidents Claims Tribunal (II), Shimla (hereinafter referred to as 'the Tribunal'), were dismissed. These awards were passed in Claim Petition Nos. 4-S/2 of 1995, 5-S/2 of 1995, 6-S/2 of 1995 and 7-S/2 of 1995 decided on 31.3.1998. All these claim petitions arise out of the same accident of truck No. HP 09-0807 belonging to Theog Tehsil Co-operative M&C; Union Ltd., Theog, District Shimla, which was respondent No. 1 in the claim petitions and insured by the appellant insurance company, respondent No. 2, in the claim petitions.2. The app...
The H.P. State Industrial Development Corpn. Ltd. Vs. Kesri Roller Flo ...
Court: Himachal Pradesh
Decided on: Sep-20-2001
Reported in: II(2003)BC388
ORDERM.R. Verma, J. 1. The plaintiff has instituted the present suit for recovery of Rs. 19,97,474/- with future interest at the rale of 19%. The case of the plaintiff as made out in the plaint is that it is a Company registered under the Companies Act, 1956 and M.K. Chaudhari its Financial Adviser is the authorised officer to institute suits on behalf of the plaintiff. One of the functions of the plaintiff is to provide financial assistance in the form of term loan, equity and soft loan under Seed Capital Scheme of Industrial Development Bank of India / Small Induslries Development Bank of India. Defendant No. 1 through its Director, defendant No. 2 on 6-5-1992 applied to the plaintiff for grant of term loan of Rs. 14,00,000/- for setting up a unit for manufacturing Atta etc. which was sanctioned on 9-6-1992. The interest was to be paid by the defendants at the rate of 19% per annum with half yearly rests. To secure repayment of the said loan and the interest thereon,the defendants ex...
Jagarnath and ors. Vs. Kullu Municipal Committee and ors.
Court: Himachal Pradesh
Decided on: Sep-18-2001
Reported in: II(2002)ACC220
Arun Kumar Goel, J.1. This appeal is directed against the judgment and decree passed by a learned Single Judge of this Court in Civil Suit No. 34 of 1982 on November 2/3, 1989. By means of impugned decree, suit of the appellants, (hereinafter referred to as the 'plaintiffs') has been partly decreed against respondent No. 1 (hereinafter referred to as 'defendant No. V), with proportionate costs in terms of the decree, dismissing rest of the claim as set up in the plaint. Defendant No. 1 has filed the Cross Objections against the decree that has been passed against it.2. A suit for recovery of Rs. 6,32,058/- was filed by the plaintiffs against defendant No. 1 and other respondents who were also arrayed as defendant Nos. 2 to 4 in the suit, and all of them hereinafter are being referred hereto as defendants. Defendant No. 1 is Kullu Municipal Committee, defendant No. 2 is the Secretary of the Committee. Defendant No. 3 is Deputy Commissioner, Kullu and defendant No. 4 is the State of Hima...
Chanan Singh Vs. Nardu Devi and anr.
Court: Himachal Pradesh
Decided on: Sep-13-2001
Reported in: II(2002)DMC562
M.R. Verma, J.1. The petitioner being aggrieved by the order dated 12.12.2000 passed by the learned Chief Judicial Magistrate, Kullu, whereby the appeal of the petitioner against the order dated 24.5.1997 passed by the Gram Panchayat enhancing the maintenance of the respondents has been dismissed, has preferred the present petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') and under Article 227 of the Constitution of India.2. The brief facts leading to the presentation of the present petition are that the respondent filed an application under Section 125 of the Code in the Court of the learned Chief Judicial Magistrate, Kullu claiming maintenance from the petitioner. The said application was allowed and monthly maintenance at the rate of Rs. 225/- in favour of respondent No. 1 and Rs. 125/- in favour of respondent No. 2 was allowed. After about 9-10 years of the order of awarding the aforesaid maintenance, respondents filed an applicati...
Reserve Bank of India Vs. Himachal Grameen Sanchayka Ltd.
Court: Himachal Pradesh
Decided on: Sep-03-2001
Reported in: [2002]108CompCas273(HP)
Kuldip Chand Sood, J.1. Learned counsel for the petitioner states that the order dated 19.6.2001 have been complied with. Objections have been removed. Compilation be taken on record.Company Petition No. 6 of 20012. Admit. Notice returnable within six weeks.Company Application No. 29 of 20013. The petitioner, Reserve Bank of India, has filed this company petition, under Section 45MC of the Reserve Bank of India Act ('RBI Act' for short) read with Section 450 of the Companies Act for winding up of the respondent company. According to the petitioner-bank, the respondent is a non-banking financial company within the meaning of Section 451(f) of the RBI Act. Case of the petitioner-bank is that the respondent company submitted an application in July, 1997, for issuance of a certificate of registration under the provisions of Section 45-IA of the RBI Act. To consider this application -- an inspection was carried out regarding the financial health of the company on 31.3.1997. This inspection ...
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