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Mumbai Goa Court August 2016 Judgments

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Aug 02 2016

Government of Goa, through its Chief Secretary and Others Vs. National ...

Court: Mumbai Goa

Decided on: Aug-02-2016

Oral Judgment: 1. Heard Ms. Linhares, learned Additional Government Advocate for the petitioners. None appears for the respondent. 2. The challenge in this petition is to the order dated 10.01.2007 passed by the Executing Court in Execution Application No. 4/2006, by which the claim of the petitioners for adjustment has been rejected and the execution is directed to proceed. 3. The brief facts necessary for the disposal of the petition may be stated thus: That, under an agreement, between the parties, the respondent/decree-holder, had under taken execution of construction work for the petitioners/judgment-debtors. As disputes and differences arose between the parties, the matter was referred to the sole Arbitrator, who passed an award on 31.03.1992, holding that the respondent was entitled to recover Rs.55,75,268, while the petitioners, who had raised a counter claim were entitled to Rs.21,89,937/-. It was thus, found that the net amount payable to the respondent was Rs.33,85,331/- alo...


Aug 01 2016

Inland Water Transport Employees Co-op. Credit Society Ltd. and Others ...

Court: Mumbai Goa

Decided on: Aug-01-2016

1. In this case, rule was issued on 24/07/2015 and hearing was expedited. Accordingly, this petition is taken up for final hearing at the instance of the petitioners, as the Assistant Registrar was proceeding to hold election of the Board of Directors of the petitioner no.1- society. 2. I have heard Shri Amonkar, the learned Counsel for the petitioners, Shri Faldessai, the learned Additional Government Advocate for the respondents and Shri Mulgaonkar, the learned Counsel for the intervenor. 3. The brief facts are that the petitioner no.1 is a Credit Society registered under the Goa Co-operative Society Act, 2001 (the Act, for short). 4. By the impugned order dated 31/03/2015, the Assistant Registrar of Co-operative Societies, in the exercise of powers under Sections 61(a) and 72(2) of the Act (the Act, for short), has declared the Board of Directors of the petitioner society, having incurred disqualification for a period of 5 years from the date of issue of the order. 5. The Assistant ...


Aug 01 2016

M/s. Swift Couriers, Represented by its partner, Tejinder Singh Vs. Th ...

Court: Mumbai Goa

Decided on: Aug-01-2016

1. The challenge in this petition, is to the order dated 12/02/2009 of the Employees Provident Fund Appellate Tribunal, New Delhi (Appellate Tribunal, for short) by which the appeal filed by the petitioner has been dismissed and the order dated 20/05/2004 passed by the Assistant Provident Fund Commissioner, Goa (Commissioner) under Section 7A of the Employee's Provident Fund and Miscellaneous Provisions Act, 1952, (Act, for short) has been confirmed. 2. The brief facts necessary for the disposal of the petition may be stated thus: That the petitioner is a partnership firm engaged in the business of courier services. The Provident Fund Enforcement Officer (Enforcement Officer), had visited the establishment of the petitioner on 25/07/2002 to examine the issue of the coverage of the said establishment, under the Act. He verified certain records, including a petty cash book and found that the strength of the employees in the establishment is twenty, from 1/12/2001 and establishment is cov...


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