Mumbai Court April 2009 Judgments

Prabhakar S/O Kerba Dubbewar Vs. the State of Maharashtra and ors.

Court: Mumbai

Reported in: 2009CriLJ2595

S.S. Shinde, J.1. This application is filed seeking appropriate writ, order or direction for quashing and setting aside the order dated 28th September, 2001 passed by the Addl. Sessions Judge, Nanded in Criminal Revision No. 112 of 2000.2. It is the case of the applicant that the respondent No. 2 herein was the Assistant Regional Transport Officer at the time of registration of the vehicle of one Sandeep s/o Suryakantrao Amilkantwar. Now the said officer is Deputy Regional Transport Officer at Yawatmal. The applicant herein is the maternal uncle of Sandeep Amilkantwar and he is power of attorney holder of vehicle No. MH-26-B-326 and he made the payment of Rs. 15,840/- as tax of the said vehicle for registration and issue of permit and other certificates of the said vehicle on 26.11.1997 under receipt No. TM-5410/72 DATED 20.11.1997 as per the provisions of the Bombay Motor Vehicles Tax Act.It is the case of the applicant that the provisional vehicle No. MH-26-B-326 was given by the off...

Kunitakara Electric Company Vs. Greenvalley Home Developers (P) Ltd.

Court: Mumbai

Reported in: 2009(3)BomCR636

Mohta Anoop V., J.1. By consent, heard finally.2. The petitioner has invoked Section 9 of the Arbitration and Conciliation Act, 1996 (for short, the Arbitration Act). Admittedly, there is an Arbitration Clause in the agreement/contract for Air Conditioning System dated 1st October, 2007. The entire work according to this agreement should have been completed within a period of 90 days from the date of signing of the acceptance of the order. There are certain disputes arose with regard to this agreement/contract between the parties. The respondent by letter dated 10th February, 2009 terminated the contract and in view of the Arbitration Clause by letter dated 6th March, 2009 also nominated the Arbitrator. The petitioner has also appointed the Arbitrator.3. The petitioner has filed this petition dated 13th April, 2009 and basically prayed for interim restrainment order from creating any third party rights to complete the remaining work till the dispute and difference arose between the par...

New India Assurance Co. Ltd. Vs. Babruwan and ors.

Court: Mumbai

Reported in: 2009ACJ2871

K.U. Chandiwal, J.1. Heard the learned Counsel for the respective parties.2. These three appeals moved by insurance company arising out of the accident dated 17.12.2005, question legality and propriety of the order recorded by learned Member, Motor Accidents Claims Tribunal, Latur by award dated 5.1.2008 in M.A.C.P. Nos. 107, 108 and 80 of 2006 respectively.3. The extensive submissions by the counsel for appellant centre to the crucial aspect that the driver of the jeep, Majid Kazi had no valid licence on the date of accident, which he has renewed subsequently. Secondly, Balu Shrirang Ghante was driving his tractor attached with fully loaded two trollies with sugarcane. As per the provisions of Motor Vehicles Act, 1988, specific motor driving licence is issued for driving a tractor attached with trolley or trollies. However, the tractor driver had only a driving licence to drive light vehicle. The damages to the tractor were erroneously considered, documents were not properly proved. I...

New India Assurance Co. Ltd., Through Its Regional Office, Erandavane, ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Shri S.R. Khanzode, Honble Presiding Judicial Member: This appeal arises out of order/award dated 19/11/2007 passed in consumer complaint no.181/2005, Smt. Rekha Mahadev Durunde V/s. New India Assurance Co. Ltd. by District Forum, Kolhapur (in short Forum below) The son of the original complainant died in an motor cycle accident on 01/01/2004. Insurance claim was repudiated by the appellant/org.opp.party on the ground that the complainant failed to produce driving license of deceased/Shri Ramesh. Therefore, consumer complaint was filed. Contention of the complainant upheld by the Forum below and claim was awarded. Feeling aggrieved thereby, the insurance company has filed this appeal. We heard Adv. Shri M. Mahajan for the appellant and Adv. Shri A.M. Adgule for the respondent. At the stage of admission of this appeal the original complainant produced copy of learners license of deceased/Shri Ramesh and on its basis it is tried to be argued that deceased/Shri Ramesh wa...

M/S. Parishram Properties Pvt. Ltd., Mumbai Vs. M/S. Seasons Builders, ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Shri S.R. Khanzode, Honble Presiding Judicial Member: This cannot be execution application. In the instant case an execution application is already filed and in which Commission has already ordered issue of Recovery Certificate and accordingly, it is issued and now, it is submitted that record and Proceeding of said execution application is not traceable and therefore, it should be reconstructed. This prayer cannot be treated as the one which could be entertained in an execution proceeding either under Section 25 or 27 of the Consumer Protection Act, 1986. As such, this execution application be treated as filed. Separate action be initiated on administrative side for reconstruction of record by the office after due enquiry as to loss of record. Hence, we pass the following order:- Order: 1. Execution Application No. 05/2009 stands disposed of. 2. Pronounced and dictated in open court. 3. Copies of the order herein be furnished to the parties....

Naim Abdulsakur Kachhi, Kolhapur Vs. National Insurance Co.Ltd., Kolha ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Shri S.R. Khanzode, Honble Presiding Judicial Member: This appeal is filed against the order/award dated 25/02/2008 passed in consumer complaint no. 376/2007, Naim Abdulsakur Kachhi V/s. National Insurance Co. Ltd. by District Forum, Kolhapur (Forum below in short). After the accident, the insurance company repudiated the claim on the ground of breach of terms of policy. The consumer complaint was filed and it stood dismissed and feeling aggrieved thereby, this appeal is preferred by the org.complainant. We heard Adv.Shri Waigankar for the appellant. Adv.Ms.Sheetal Patil h/f Adv.Shri A.S.Vidyarthi for the respondent. In the instant case policy issued herein contained the term that the policy insurance covers is available for use of vehicle for any purpose other than hire or reward. Even after the renewal of the policy, the insured never complained to the insurance company that the policy issued is incorrect and therefore, did not accept the same. Under the circumstanc...

M/S. Gaikwad Associates, Aunddh, Pune Vs. Mr.Ramesh Gulabrao Marane an ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Shri S.R. Khanzode, Honble Presiding Judicial Member This appeal is directed against the order/award dated 25/08/2005 passed in consumer complaint no.145/2008, Mr.Ramesh Gulabrao Maraneand Ors. v/s. M/s. Gaikwad Associates, by District Forum, Pune (Forum below in short). Original complainants/respondent agreed to purchase a residential flat bearing no. A-4, as more particularly described in consumer complaint, for a total consideration of Rs. 4,77,960/- plus incidental and legal expenses etc. quantified at Rs.35,000/- from appellant/org.opp.party. A dispute arose since possession of the said flat was not handed over to the complainant despite substantial payment of Rs. 3,21,000/-. Consumer complaint accordingly was filed and it came to be settled in favour of complainant by impugned award. The impugned award reads as under:- 1. Complaint is partly allowed. 2. The complainants are directed to pay to the opposite party, the balance consideration amount of Rs.1,56,960/- ...

Mrs. Irene Pais, Mahim, Mumbai Vs. Dr.Anil Pinto Denisandra, Dadar, Mu ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Per Justice Mr. B.B. Vagyani, Honble President We heard Dr. M.S. Kamath, A.R. for the complainant, Mr. A.V. Patwardhan, Advocate for O.P.No.1 and Mr. N.P. Dalvi, Advocate for O.P.No.2. Complainant is the mother of deceased Alfred Pais. Alfred Pais was bachelor. He was suffering from upper abdominal pain in August 1997. He consulted Dr.Robin Pinto, a Cardiologist. Dr.Robin Pinto suspected that Alfred Pais was suffering from Gall Bladder disease and advised a sonography of the abdomen. Sonography was done at Pikale Nursing Home at Mahim. It was reported that patient had a stone in the Gall Bladder. Alfred Pais then consulted Dr.Anil Pinto, O.P.No.1 herein at Holy Family Hospital on 20/08/1997. Dr.Pinto suggested surgery for removal of Gall Bladder Stone. He advised Laparoscopic surgery with tiny incisions. Dr.Pinto examined Alfred Pais on 26/08/1997 and admitted in the Hospital on 31/08/1997. Pre-operative blood tests were carried out. It was found that patient had Jaundice and an obstru...

Dr. Akbar N. Kazi Pro. Matruseva Hospital, Tal. Khatav, Dist. Satara a ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Justice Mr. B.B. Vagyani, Honble President We heard Mr.M.M. Mahajan, Advocate for the appellant. None present for respondents. District Consumer Forum Satara partly allowed consumer complaint No.257/2006 filed by respondents herein and directed the present appellant, who was O.P.No.1 to pay compensation of Rs.1,50,000/- to the respondents. District Consumer Forum further directed to pay Rs.5,000/- by way cost of the litigation. Org. O.P.No.1 has taken exception to the order passed by District Consumer Forum and has come up in appeal. Ratna Yedage, deceased wife of respondent No.1 and mother of respondent No.2 was admitted in the hospital of appellant. Appellant is a Gynaecologist. He is M.B.B.S. and D.G.O. He has got his hospital at Vaduj. Deceased Ratna Yedage had pain in abdomen. She was 9 months 20 days pregnant. Therefore, she was taken to the hospital of appellant at about 5.30 p.m. on 04/05/2006. Blood Pressure of patient was 150/100. P.V. was 4 cm dilated with ...

Cholamandalam Dbs Finance Ltd., Royal Plaza, Dhabholkar Corner, Kolhap ...

Court: Maharashtra State Consumer Disputes Redressal Commission SCDRC Mumbai

Oral Order:- Per Shri S.R. Khanzode, Honble Presiding Judicial Member: We heard Adv.Shir S.Hussain for the applicant. None for the respondent. Perused the application. In view of settlement out of court, the applicant wants to withdraw the appeal. The respondent is not present. However, it is submitted at the bar on behalf of applicant that withdrawal of this appeal is already intimated to the respondent and they agreed to settle the matter, since only after withdrawal they will get their insurance claim. Acting on this submission, we pass the following order:- Order: 1. Misc.Application No. 671/2009 is allowed. 2. F.A.No.1059/2006 stands disposed of as withdrawn and accordingly proceedings stands disposed of. 3. Amount of Rs.25,000/- deposited by the appellant at the time of filing of the appeal be refunded back to them. 4. M.A.Nos.1300-Delay and 1301-Stay/2006 stands disposed of. 5. Pronounced and dictated in open court. 6. Copies of the order herein be furnished to the parties....