Court : Delhi
..... in the year 2014, acted as a guarantor to a loan facility obtained by one of the sister concern society of the company i.e. prabhu dayal memorial religious educational association. the said society defaulted in repayment of the loan to the lending bank in pursuance to which the lending bank filed an application under section 7 of the insolvency ..... to deliver possession to the complainant. in an endeavour to regain control of the company, the... petitioner in his personal capacity, settled with the lender bank namely au small finance pvt. ltd. vide settlement agreement dated 24.07.2018 and paid an amount of rs. 2,32,00,000/- to the lending bank as part of the settlement amount. ..... short term loans and advances of rs. 11,71,96,308/- in fy201516. as per reply from dtpc, chandigarh, the alleged company granted licence no.179 of 2007 on 25.04.2007 for 8.97 acres of land at bahadurgarh, haryana for total of 402 flats. the alleged company further applied for revised building plans on 16.12.2015 for .....
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..... the assistance of the police, on 13th december, 2019; and, (iii) order dated 2nd november, 2019 of the cmm being on the application of pnb under section 14 of the sarfaesi act.6. the plaintiffs have valued the suit for the purposes of jurisdiction at rs.2.50 crores and for the reliefs of declaration at rs.200/- and for ..... the suit is maintainable.23. i am unable to agree.24. rather i have in davinder kaur vs. punjab & sindh bank 202 (2013) dlt103and neha aggarwal vs. pnb housing finance ltd. 2016 scc online del 3765 held to the contrary. reference may also be made to radnik exports vs. standard chartered bank 2014 scc online del 3404 (rfa(os) 139 ..... order where consequential relief is claimed, shall be valued at the amount at which the plaintiff values the suit, with ad valorem court fees paid thereon. section 8 of the suits valuation act, 1887 provides that the valuation for the purposes of jurisdiction shall be same as the valuation for the purposes of court fees. thus if the suit were .....
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..... the same day as the detenue and foreign origin cigarettes in commercial quantity were recovered from them. he stated that in their voluntary statements under section 108 customs act, the aforementioned four persons had stated that the detenue was the owner of the goods recovered from them and they had been carrying the said ..... and a repeat offender the present case squarely falls under clause a of the exceptions provided under the notification dated3d august, 2012 passed by ministry of finance, department of revenue and consequently, the said notification did not prohibit/restrain the respondents from detaining the detenue.15. this court is also in agreement ..... prior to the impugned detention order being passed against him proves that he had the propensity and potentiality to continue with such acts and/or finance other persons to commit such acts in future. the likelihood of the detenue indulging in smuggling activities was not effectively foreclosed by deposit of his passport as the .....
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..... afresh after considering the documents and submissions of the assessee. the assessing officer then passed a fresh assessment order on 01.12.2009 under section 143(3) read with section 254 of the act, making certain additions and disallowances. the said order was upheld by the cit (a) on 20.10.2010.3. on further appeal ..... and a best judgment assessment could have been properly made on that basis. we see no justification in summarily disallowing the entire manufacturing, administrative, selling & finance charges and further adding back share capital, unsecured loans, current liabilities and addition to fixed assets. the approach adopted by lower authorities in making these additions ..... counsels and proceed to answer the aforesaid questions. the assessing officer passed the assessment order in respect of the assessment year 2002-03 under section 144 of the income tax act on ita2592018 page 1 of 7 30.03.2005. eventually, on 07.01.2009, the income tax appellate tribunal (itat) set aside the .....
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..... senior counsel for the petitioner. at the outset, one must remind oneself of the limited jurisdiction that is vested in the court while exercising the power under section 34 of the act. the same has been culled out by the supreme court in its judgments in associate builders v. delhi development authority, (2015) 3 scc49and in ssangyong engineering ..... appeal over the award of an arbitral tribunal by reassessing or reappreciating the evidence. an award can be challenged only under the grounds mentioned in section 34(2) of the act. the arbitral tribunal has examined the facts and held that both the second respondent and the appellant are liable. the case as put forward by ..... particular, is now done away with.38. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the .....
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..... . for r-1. mr.anuj aggarwal, adv. for r-2. coram: hon'ble mr. justice navin chawla1 this petition under section 34 of the arbitration and conciliation act, 1996 (hereinafter referred to as the act ) has been filed by the petitioner challenging the appellate arbitral award dated 03.02.2015 passed by the panel of appellate arbitral tribunal ..... v. lal chand & ors,. air1959sc1349 the supreme court has approved the following test laid down omp (comm) no.169/2016 page 20 by rankin, c.j.in tea financing syndicate ltd. v. chandrakamal bezbaruah, (1930) ilr58cal. 649: there can, i think, be no doubt that the requirement of reciprocal demands involves, as all the indian cases ..... carried out in the trading account of the applicant and has to be counted for computing the limitation in accordance with article i of the schedule of limitation act. anyhow, the respondent no.1 had never raised the question of settlement before he made allegation about it in the statement of defence. the applicant has alleged .....
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..... would be just and convenient to grant relief claimed by the petitioner. reference is made to 2000 (3) arb. lr668(cal), tata finance limited v. pragati paribahan and ors. where relief under section 9 of the act was granted with respect to the admitted obligation of respondent. in the said case, pragati paribahan, the hirer, entered into an agreement ..... the cpc- are to be kept in mind, while making orders under section 9. in arvind constructions v kalinga mining corporation 2007 (6) scc798 the court held as follows:"the power under section 9 is conferred on the district court. no special procedure is prescribed by the act in that behalf. it is also clarified that the court entertaining an ..... . ltd., o.m.p.(i) (comm.) 218/2019 page 27 of 34 manu/sc/2936/20 air (2007) sc2563 it has been opined that, it would not be correct to say that power under section 9 of the act is totally independent of the well known principles governing the grant of interim injunction that generally governs the courts in .....
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..... aforegoing. on the other hand, mr.poddar and mr.jain have contended that firstly, any grievance thereto is to be vented in the proceedings under section 18 of the 1894 act; and secondly, the petitioner cannot be allowed to prosecute two inconsistent remedies. in rejoinder, mr.mehta submitted that the reference proceedings would not disentitle the ..... court. however, the same is only in the absence of any direct pronouncement of the supreme court [see oriental insurance co. ltd. v. meena variyal and ors., (2007) 5 scc428(paragraph 26); and national insurance company limited v. geeta bhat and ors., (2008) 12 scc426.76. in respect of the issue at hand, we find ..... the respondent no.5. reliance was placed on anil kumar gupta v. state of bihar, (2012) 12 scc443(para 15); vyalikaval housebuilding coop. society v. v.chandrappa, (2007) 9 scc304(para 9); and babu ram v. state of haryana, (2009) 10 scc115(para 32). learned senior counsel submitted that the decision in banda development authority (supra .....
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..... dated december 06, 2000 seeking reference to the disputes to the arbitration. as the respondent failed to comply, the appellant filed an application under section 11 of the act. according to the appellant, clause 67.3 of the general conditions of the contract forming part of the contract between the public works department ..... january 30, 2012 informed petitioner that financial consultant and credible management & consultant (pvt.) ltd. has examined the term loan agreement and amendment to the financing agreement and has furnished their comments in terms of annexure a and annexure b annexed with the said letter. it was categorically stated that draft copies of ..... documents with the senior lenders due to the ecb loan. it is averred that the respondent gave its approval for amendments to the financing agreements. the final approved financing agreements including the amendments carried therein pursuant to the ecb loan, after due noc from respondent, were submitted to the respondent in compliance .....
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..... , has relied upon a letter dated 11th february, 2019, by which it has informed one mr. badar samdani, who had earlier preferred a petition, that proceedings under section 54 of the waqf act, 1995, against encroachers, had already been initiated. however, further action has not been taken as the chief executive officer (hereinafter, ceo ) of the waqf board is ..... 1 of 3 circumstances of the present case. 2. mr. siddiqui, ld. counsel for the... petitioner, submits that the... petitioner is an interested person under section 3(k) of the waqf act, 1995. the only prayer that he is seeking is that encroachers be removed from the waqf property in question, which is a qabristan and dargah of a ..... ought not to be taken. accordingly, it is directed: a) that the ceo, in terms of section 23 of the waqf act, 1995, be appointed within a period of six weeks from now; b) the recommendations by the waqf board, as per section 23 (1) to the government of nct of delhi, if not already made, shall be made within .....
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