Delhi High Court - Orders
Santshrikrishanswami vs Ameer Chand Bhuttan & Ors on 22 September, 2022
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 166/2016
SANTSHRIKRISHANSWAMI ..... Plaintiff
Through: Mr. Rajesh Kumar, Mr. Akash
Nawariya, Advocates
(M:9968024226,email:kumarraj
[email protected])
versus
AMEER CHAND BHUTTAN & ORS ..... Defendants
Through: Mohd. Faizan, Advocate for
D-3
(M:9953530078,email:faiziv3
@yahoo.com)
Mr. Manish Pratap Singh
Chauhan, Advocate for D-7
(M:9810199666)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 22.09.2022
1. List on 13.01.2023.
MINI PUSHKARNA, J
SEPTEMBER 22, 2022
au
Signature Not Verified
Digitally Signed By:PURAN
SINGH TARIYAL
Signing Date:26.09.2022
12:46:34
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 68/2017 & I.As. 2013/2017, 5768/2022, 11320/2022
DR ANIL KUMAR BANSAL ..... Plaintiff
Through: Mr. Sanjay Tripathi, Advocate for P-1 Ms. Shamistha Choudhury, Mr. Pawan Silmana, Advocates for P-2 & 3 (M:9811709802) versus SH ASHOK KUMAR BANSAL & ANR ..... Defendants Through: Mr. Rajesh Katyal, Mr. S.S. Katyal, Advocates for D-1 Mr. Kartickay Mathur, Advocate for D-2 & 3 Mr. Umesh Mishra, Advocate for D-4 (M:9868401295) CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. List on 21.11.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 110/2017 & I.A. 10180/2020, O.A. 47/2020 SOUTH DELHI MUNICIPAL CORPORATION ..... Plaintiff Through: Mr. Rakesh Mittal, Standing Counsel (M:9999303080) versus DELHI GURGAON SUPER CONNECTIVITY LIMITED &ORS. ..... Defendants Through: Mr. Gautam Bajaj, Advocate for D-1 Mr. Neeraj Malhotra, Sr. Advocate with Mr. Ajit Warrier, Mr. Angad Kochhar, Mr. Arbaaz Hussain, Ms. Arundhati Srivastava, Mr. Nimesh Kumar, Ms. Shreya Singh, Advocates for D-2 Mr. Ajit Warrier, Mr. Angad Kochhar, MR. Arbaaz Hussain, Ms. Arundhati Srivastava, Advocates for D-3 CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. List on 13.01.2023.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 277/2017 & I.As. 6979/2017, 1709-1710/2018, 7039-
7040/2018
SH. MUKESH KUMAR ..... Plaintiff
Through: Mr. Namit Sexena, Mr. Awnish
Maithani, Advocates
(M:8527189238)
versus
M/S GLIDERS INFRASTRUCTURE PVT. LTD. .. Defendant Through: Mr. Deepak Singh, proxy counsel for Mr. Pankaj Vivek, Advocate for D-1 Mr. Sharad Malhotra, Advocate for proposed defendant Nos. 8 to 12 CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. List on 13.01.2023.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 528/2018 & I.As. 353/2020, 415/2020, 13849/2021 SMT. ABHA GUPTA ..... Plaintiff Through: Advocate (appearance not given) versus SHRI RAVINDRA KUMAR GUPTA & ORS. ..... Defendants Through: Mr. Vikas Gautam, Advocate for D-1 along with D-1 in person (M:9810993476) Mr. R.K. Gupta, Advocate for D-4 CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. List on 30.11. 2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 24/2019 & I.As. 13806/2021, 12700/2022, 13807/2021 SAVITRI AND ORS. ..... Plaintiffs Through: Mr. Raghu Godara, Advocate (M:9811279142,email:godarara [email protected]) versus DHARAMNENDER & ORS. ..... Defendants Through: Mr. Piyush Jain, Advocate (M:9873929289,email:pyushjai [email protected]) CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. List on 09.11.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 73/2019 & I.As. 1728/2019, 17386-17387/2019, O.A. 150/2019 SH. DEEPAK TARA ..... Plaintiff Through: Mr. R.K. Bhardwaj, Advocate (M:9312710547) versus SH. BAIJ NATH TARA & ORS. ..... Defendants Through: Mr. Rajat Aneja, Ms. Aditi Shastri, Advocates for D-2 & 4 (M:9810727771,email:raneja@ anejaandaneja.com) CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. List on 17.11.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 93/2018 & EX. APPL. (OS) 80/2020 SATISH CHAND AMAR ..... Decree Holder Through: Mr. D. Verma, Advocate (M:9811118333) versus SUBHASH CHAND AMAR ..... Judgement Debtor Through: Advocate (appearance not given) CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. List on 16.01.2023.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 33/2019 SH. GAMESH MATHUR & ORS. ..... Decree Holders Through: Mr. Anand Yadav, Advocate (M:9810126454,email:anandya [email protected]) versus SMT. SUSHMA ..... Judgement Debtor Through: Mr. Dharmender Kumar, Advocate for Mr. Mukesh M. Goel, Advocate (M:8287246586) CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. List on 30.01.2023.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~22 & 33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 406/2018 RELIANCE POLYCRETE LIMITED ..... Petitioner Through: Mr. Rohit Priya Ranjan, Mr. Rohan Sandal, Advocates (M:9818085317,email:thelawas [email protected]) versus NATIONAL AGRICULTURAL CO-OP MARKETING FED. OF INDIA LTD. ..... Respondent Through: Ms. Anupriya Nigam, Ms. Amreen Khaliq, Advocates (M:9899645472) 33 AND + OMP (ENF.) (COMM.) 151/2019 & EX. APPLs. (OS) 486/2019, 488/2019 NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA (NAFED) ..... Decree Holder Through: Ms. Anupriya Nigam, Ms. Amreen Khaliq, Advocates versus RELAINCE POLYCRETE LIMITED ..... Judgement Debtor Through: Mr. Rohit Priya Ranjan, Mr. Rohan Sandal, Advocates CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022 Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34
1. List on 13.01.2023.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 92/2021 & I.A. 11979/2021 ATELIER AUTOMOBILES PRIVATE LIMITED AND ORS & ORS. ..... Petitioners Through: Mr. Tarun Gupta, Mr. Abhishek Sharma, Advocates (M:9958062677) versus M/S RELIGARE FINVEST LIMITED ..... Respondent Through: Advocate (appearance not given) CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. List on 26.09.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TEST.CAS. 68/2017 DR. DHARAM CHAUDHURY ..... Petitioner Through: Mr. Brijesh Sharma, Advocate (M:9810115969,email:bsadvdel [email protected]) versus THE STATE & ORS ..... Respondents Through: Mr. Divyam Nandrajog, Panel Counsel/GNCTD with Mr. Jasmeet Jolly, Mr. Mohd.
Shahid, Advocates for R-
1(M:8447432451) CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. List on 13.01.2023.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 498/2022 & I.As. 11403-11405/2022 MORGAN SECURITIES AND CREDITS PVT LTD ..... Plaintiff Through: Mr. Amit Sibal, Sr. Advocate with Ms. Priya Kumar, Mr. Abhishek Puri, Ms. Surbhi Gupta, Mr. Bhimraj Achary, Mr. Tejas Chhabra, Mr. Arpit Sharma, Advocates versus BPL LIMITED & ORS. ..... Defendants Through: Mr. Sandeep Sethi, Sr. Advocate with Mr. Karan Luthra, Mr. Prabhav Bahuguna, Advocates for D-1, 4 & 6 (M:9818841700) Mr. Dayan Krishnan, Sr. Adv.
with Mr. Rohan Batra, Ms. Sonali Malik, Mr. Harsh Vardhan Arora, Mr. Sukrit Seth, Advocates for D-
2(M:8800985667) Mr. Neeraj Kishan Kaul, Sr. Advocate with Mr. Shankh Sengupta, Ms. Varuna Bhanrale, Mr. Ribhu Garg, Ms. Ira Mahajan, Mr. Ramachandra Madan, Advocates for D-7 (M:9621295929,email:ribhu.gar [email protected]) Mr. Gopal Jain, Sr. Advocate with Mr. Shankh Sengupta, Ms. Varuna Bhanrale, Mr. Ribhu Garg, Advocates for D-8 Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 (M:9621295929,email:ribhugar [email protected]) CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. Arguments on behalf of defendant Nos. 1, 4 & 6 have been completed. Now for arguments by Mr. Dayan Krishnan, ld. Senior Counsel appearing for defendant No.2, list on 23.09.2022 at 2:30 P.M. MINI PUSHKARNA, J SEPTEMBER 22, 2022 au Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 653/2019 & I.A. No. 15565/2022 MR. SUNIL SACHDEVA ..... Plaintiff Through: Ms. Shreya Singh, Advocate.
(M): 9911557649 Email: [email protected] versus MR. ASHOK MAHINDRU & ORS. ..... Defendants Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022 I.A. No. 15565/2022 (Application on behalf of the plaintiff under Order XXXVII Rule 3 Sub Rule 4 of CPC for summons for judgment along with affidavit in support thereof)
1. This is an application on behalf of the plaintiff under Order XXXVII Rule 3 Sub Rule 4 of the CPC for summons for judgment.
2. It is the case of the plaintiff that the present suit has been filed for recovery of a sum of Rs.7,19,58,497/- (Rupees seven crores, nineteen lacs fifty eight thousand four hundred and ninety seven only) along with pendent lite and future interest of 18% p.a. till the payment of the decretal amount.
3. The present suit is based upon a Loan Agreement, various financing and security documents such as deed of guarantee, promissory note, director‟s declaration etc.
4. It is the case of the plaintiff that defendant nos. 1 to 3 were served via speed post and courier at their given address. The service was thus completed as regards defendant nos. 1 to 3. As regards Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 defendant nos. 4 to 9, it is submitted that they are the companies belonging to the family of the defendant nos. 1 to 3 and that the defendant no. 1 is the Chairman of the defendant nos. 4 to 9 companies and also authorised signatory of defendant nos. 4 to 9 companies. It is further submitted that plaintiff has served the defendant nos. 4 to 9 via their official email ids. Thus, it is submitted that all the defendants stand served.
5. It is submitted on behalf of the plaintiff that despite completion of service and expiry of the statutory period of 10 days from the date of service, none of the defendants have entered appearance.
6. Thus, it is prayed that since the completion of service stands reflected in the order dated 02.08.2022 passed by this Court, summons be issued for judgment.
7. Issue summons for judgment in Form 4A in Appendix B of Code of Civil Procedure, 1908 against defendant No.1 to 9.
8. Learned counsel for the plaintiff has drawn the attention of this Court to order dated 16.12.2019 passed by this Court wherein the defendants were directed to maintain status quo with regard to the title and possession of the property admeasuring 4 Bighas 16 Biswas at Khasra No. 437 (4-16), situated in the revenue estate of Village Rajokari, Tehsil Vasant Vihar, New Delhi.
9. In view thereof, interim orders to continue.
10. List before the Joint Registrar (Judicial) for completion of pleadings on 10.10.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022/ c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 286/2016 & I.A. Nos. 15612-15613/2022 SMT. NIRMAL KAUR ..... Plaintiff Through: Ms. Jaya Goyal, Advocate. versus SMT. AMARJEET KAUR ..... Defendant Through: Mr. Raj Shekhar Rao, Senior Advocate with Mr. Gagan Gandhi and Ms.Ratakshi Sarvaria, Advocates for defendant no. 1.
(M): 9818085505 Email: [email protected] Mr. Digvijay Singh with Ms. Upasana Nayyar, Advocates for defendant no. 2 to 6.
(M): 9711886355 Email: [email protected] CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022 I.A. No. 15612/2022 (Application under Order XII Rule 6 read with Order XV Rules 1 and 3 and Section 151 CPC for passing the judgment on admission)
1. This is an application filed on behalf of plaintiff under Order XII Rule 6 read with Order XV Rules 1 and 3 and Section 151 CPC for passing the judgment on admission.
2. Issue notice to the defendants.
3. Notice is accepted by counsels for the defendants.Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34
4. At the outset, learned senior counsel appearing for defendant no. 1 submits that the present application is not maintainable as there is no admission on the part of the defendant. He has pointed out to the fact that there is a clear objection on behalf of defendant no. 1 which has been recorded by this Court in the previous order dated 27.07.2022. He submits that the defendant no. 1 disputes the fact as to the area which would be in excess from his plot, as according to learned senior counsel for defendant no. 1, there are certain portions of land which have already been resumed by the Municipal Corporation at time of sanction of the plan with respect to his plot i.e. plot no. C- 18, Mansarovar Garden, New Delhi-110015.
5. Learned counsel appears on behalf of defendant nos. 2 to 6. He submits that he has recently been engaged in the matter. He submits that he shall either be filing reply to the present application or move an appropriate application for transposing the said defendants as plaintiffs since the reliefs which are being claimed by the plaintiff, are also the reliefs which are in the interest of the said defendant nos. 2 to 6.
6. Reply be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
7. Re-notify the captioned application on 04.01.2023 i.e. the date already fixed.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 274/2022 & I.A. Nos. 15579-15580/2022 M/S SMAS AUTO LEASING INDIA PRIVATE LIMITED ..... Petitioner Through: Mr. Bhuvnesh Satija with Mr. Udit Sharma, Advocates.
(M): 8178530049 Email: [email protected] versus M/S KARTHIK TRAVELS PRIVATE LIMITED ..... Respondent Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022 I.A. No. 15580/2022 (Application under Section 151 CPC for exemption from filing original copies and/or dim/illegible and/or handwritten documents)
1. Allowed, subject to just exceptions.
2. The application is disposed of. O.M.P.(I) (COMM.) 274/2022
3. This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief to secure the amount in dispute.
4. By way of the present petition, petitioner seeks indulgence of this Court to recover possession of five vehicles, which were leased by the petitioner to the respondent on lease basis. It is the case of the petitioner that the said vehicles are being wrongly withheld by the respondent without any authority of law.Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34
5. The petitioner had entered into a Master Lease Agreement dated 14.11.2018 to effectuate the lease. In addition to the lease, the petitioner also undertook to provide certain fleet management services under the said Agreement. The consideration for the lease and services were to be discharged on a monthly basis.
6. It is the case of the petitioner that since the beginning of December 2021, the respondent has failed to discharge the monthly consideration under the Agreement. The attempts by the petitioner to settle the disputes arising under the agreement via conciliation have also failed, as the respondent has paid no heed to the repeated reminders from the petitioner.
7. It is submitted that till August 2022, a sum of Rs. 89,82,845/-
(Rupees Eighty Nine Lakh Eighty Two Thousand Eight Hundred Forty Five only), is due from Respondent, on account of monthly charges determined for lease rental and service consideration.
8. It is submitted that the respondent has committed default under the contractual framework agreed between the parties, on account of its chronic and prolonged failure to make timely payments vis-a-vis lease rental and other charges contractually due to the Petitioner. In view of the aforesaid, the petitioner was constrained to terminate the contract between the parties.
9. It is submitted that respondent continues to withhold illegal possession of five Vehicles owned by the Petitioner, despite termination of the Agreement vide legal notice dated 15.06.0222 by the Petitioner.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:3410. Attention of this Court has been drawn to Clause C.5.2 of the Master Master Lease Agreement dated 14.11.2018, as per which the jurisdiction is vested with the Courts in New Delhi.
11. It is submitted on behalf of the petitioner that the vehicles in question are owned by the petitioner. The details of the vehicles are as follows:-
S. Vehicles Model Registration No. No Name i. Mercedes-Benz E PY01CU0457 220 D ii. BMW 520D PY01CU6999 iii. Toyota lnnova PY01CT7537 Crysta 2.4 G iv. Toyota lnnova PY01CT7542 Crysta 2.4 G v. Toyota lnnova PY01CT7598 Crysta 2.4 G
12. Learned counsel has drawn the attention of this Court to registration certificates which are in the name of the respondent. Counsel has drawn attention to the contents of the registration certificates which show the petitioner as the financer of the vehicles.
13. Issue notice to the respondent.
14. Upon the petitioner taking steps, let notice be sent to the respondent by all permissible modes for the returnable date.
15. Reply be filed within four weeks of service. Rejoinder thereto, Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 if any, be filed within two weeks thereafter.
16. Considering the averments made in the petition and documents on record, this Court is of the view that the petitioner has made a prima facie case for grant of injunction order to the extent that the respondent be directed to maintain status quo regarding the title and possession of the aforesaid vehicles. The balance of convenience is also in favour of the petitioner for such an interim order being passed. This Court is also satisfied that the petitioner would suffer irreparable loss and prejudice, if third party interest are created in the vehicles at this stage.
17. Considering the submissions made before this Court, the respondent is restrained from selling, transferring or otherwise creating any encumbrance or parting with the possession of the vehicles, details of which have been given hereinabove.
18. Learned counsel for the petitioner is directed to ensure that the service of the petition and copy of this order is delivered to the respondent within a period of one week from today.
19. Re-notify the matter on 18.11.2022. I.A. No. 15579/2022 (Application under Order 40 Rule 1 of CPC read with Section 9 of the Arbitration and Conciliation Act, 1996)
20. This is an application under Order 40 Rule 1 of CPC read with Section 9 of the Arbitration and Conciliation Act, 1996.
21. Issue notice to the respondent.
22. Re-notify the captioned application on 18.11.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022/c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 98/2022 & I.A. Nos. 15584-15587/2022 INDIABULLS HOUSING FINANCE LTD ..... Petitioner Through: Mr. Arvind Nayar with Ms. Preetika Dwivedi, Mr. Abhisek Mohanty and Mr. Akshay Joshi, Advocates.
versus RHC HOLDING PVT LTD & ORS. ..... Respondents Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022 I.A. No. 15584/2022 (Application on behalf of the applicant under Section 151 CPC for exemption from filing fair typed, certified copies of annexures and allow dim copies)
1. Taking the undertaking on behalf of the petitioner that the defects shall be cured within four weeks, the present application is allowed.
2. Application is disposed of.
I.A. No. 15586/2022 (Application on behalf of the applicant under Section 151 CPC for exemption from filing all the record of the arbitration proceedings held before the ld. sole Arbitrator)
3. Considering the averments made in the present application, the present application is allowed and the petitioner is exempted from filing the entire record of the arbitration proceedings.
4. Application is disposed of.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34I.A. No. 15585/2022 (Application on behalf of the petitioners under Section 151 CPC seeking exemption to file lengthy synopsis and list of dates and events)
5. This is an application filed on behalf of the petitioner under Section 151 CPC seeking exemption from filing lengthy synopsis of list of dates and events.
6. Considering the submissions made before this Court, the present application is allowed and the petitioner is allowed to file lengthy synopsis and list of dates and events.
7. Application is disposed of accordingly. I.A. No. 15587/2022 (Application on behalf of the applicant under Section 151 CPC for exemption from serving advance copy of the entire petition to respondent no. 4 through authorised courier agency in the captioned matter)
8. This is an application on behalf of the applicant under Section 151 CPC for exemption from serving advance copy of the entire petition to respondent no. 4 through authorised courier agency in the captioned matter.
9. Recording the undertaking of the petitioner that respondent no. 4 shall be served with the plaint along with the documents, the present application is allowed.
10. The application is disposed of accordingly. O.M.P. (T) (COMM.) 98/2022
11. This is a petition under Section 14(2) read with Section 15 of the Arbitration and Conciliation Act, 1996 on behalf of the petitioner for termination of the mandate of the learned sole Arbitrator.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:3412. Learned senior counsel has relied upon the judgments of Hon‟ble Supreme Court in the case of TRF Ltd. v. Energo Engineering Projects Ltd. reported as (2017) 8 SCC 377, Perkins Eastman Architects DPC vs. HSCC (India) Ltd. reported as (2020) 20 SCC 760 and Bharat Broadband Network Ltd. vs. United Telecoms Ltd. reported as 2018 SCC Online SC 3276.
13. Learned senior counsel also relies upon the judgments passed by this Court wherein the aforesaid judgments of Hon‟ble Supreme Court have been followed. Thus, it is the contention on behalf of the learned senior counsel for the petitioner that the learned sole Arbitrator has no jurisdiction to continue with the arbitration proceedings.
14. He further points out that respondent no. 3 had also earlier filed an application before the learned Arbitrator under Section 13 of the Arbitration and Conciliation Act, 1996 for termination of the mandate of the learned sole arbitrator. However, the said application was rejected vide order dated 17.11.2020. However, the petitioner now submits that relying upon the aforesaid judgments of Hon‟ble Supreme Court, the present petition has been filed.
15. An application under Section 13 of the Arbitration and Conciliation Act, 1996 was also filed on behalf of the petitioner before the learned Arbitrator. However, it is submitted that the said application is still pending before the learned Arbitrator.
16. Issue notice to the respondents by all modes including dasti.
17. Reply be filed within two weeks. Rejoinder thereto, if any, be filed within one week thereafter.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:3418. Re-notify the matter on 22.11.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (T) (COMM.) 97/2022 & I.A. Nos. 15581-15583/2022 INDIABULLS HOUSING FINANCE LTD. ..... Petitioner Through: Mr. Arvind Nayar with Ms. Preetika Dwivedi, Mr. Abhisek Mohanty and Mr. Akshay Joshi, Advocates. versus RS INFRASTRUCTURE PVT. LTD & ORS...... Respondents Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022 I.A. No. 15581/2022 (Application on behalf of the applicant under Section 151 CPC for exemption from filing fair typed, certified copies of annexures and allow dim copies)
1. Taking the undertaking on behalf of the petitioner that the defects shall be cured within four weeks, the present application is allowed.
2. Application is disposed of.
I.A. No. 15582/2022 (Application on behalf of the applicant under Section 151 CPC for exemption from filing all the record of the arbitration proceedings held before the ld. Sole Arbitrator)
3. Considering the averments made in the present application, the present application is allowed and the petitioner is exempted from filing the entire record of the arbitration proceedings.
4. Application is disposed of. I.A. No. 15583/2022 (Application on behalf of the petitioner under Section 151 CPC seeking exemption to file lengthy synopsis of list Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 of dates and events)
5. This is an application filed on behalf of the petitioner under Section 151 CPC seeking exemption from filing lengthy synopsis of list of dates and events.
6. Considering the submissions made before this Court, the present application is allowed and the petitioner is allowed to file lengthy synopsis and list of dates and events.
7. Application is disposed of accordingly. O.M.P. (T) (COMM.) 97/2022
8. This is a petition under Section 14(2) read with Section 15 of the Arbitration and Conciliation Act, 1996 on behalf of the petitioner for termination of the mandate of the learned sole Arbitrator.
9. Learned senior counsel has relied upon the judgments of Hon‟ble Supreme Court in the case of TRF Ltd. v. Energo Engineering Projects Ltd. reported as (2017) 8 SCC 377, Perkins Eastman Architects DPC vs. HSCC (India) Ltd. reported as (2020) 20 SCC 760 and Bharat Broadband Network Ltd. vs. United Telecoms Ltd. reported as 2018 SCC Online SC 3276.
10. Learned senior counsel also relies upon the judgments passed by this Court wherein the aforesaid judgments of Hon‟ble Supreme Court have been followed. Thus, it is the contention on behalf of the learned senior counsel for the petitioner that the learned sole Arbitrator has no jurisdiction to continue with the arbitration proceedings.
11. He further points out that respondent no. 3 had also earlier filed an application before the learned Arbitrator under Section 13 of the Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 Arbitration and Conciliation Act, 1996 for termination of the mandate of the learned sole arbitrator. However, the said application was rejected vide order dated 17.11.2020. However, the petitioner now submits that relying upon the aforesaid judgments of Hon‟ble Supreme Court, the present petition has been filed.
12. An application under Section 13 of the Arbitration and Conciliation Act, 1996 was also filed on behalf of the petitioner before the learned Arbitrator. However, it is submitted that the said application is still pending before the learned Arbitrator.
13. Issue notice to the respondents by all modes including dasti.
14. Reply be filed within two weeks. Rejoinder thereto, if any, be filed within one week thereafter.
15. Re-notify the matter on 22.11.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 403/2022 & I.A. Nos. 15547-15548/2022 MS CHEMDIST PROCESS SOLUTION ..... Petitioner Through: Mr. Sudhanshu Batra, Senior Advocate with Mr. Ashish Vaid, Ms. Sukriti Jaggi and Mr. Sidharth Mahajan, Advocates.
versus ROAD FORCE LIMITED ..... Respondent Through: Mr. Sameer Jain with Ms. Jayashree Parihar and Mr.Anurag Iyer, Advocates.
(M): 9818877450 Email: [email protected] CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022 I.A. No. 15547/2022 (Application under Section 151 CPC for exemption from filing certified/original and typed copies of documents filed by the petitioner on behalf of petitioner)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
I.A. No. 15548/2022 (Application under Section 34(3) of Arbitration and Conciliation Act, 1996 seeking condonation of delay in challenging the award dated 23.05.2022)
3. This is an application on behalf of the petitioner seeking condonation of delay of 10 days in filing the petition.
4. At the outset, it is seen that page 9 of the application has not been scanned inadvertently by the Registry.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:345. The Registry is directed to do proper scanning and update the file accordingly.
6. Issue notice to the respondent.
7. Reply be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter. O.M.P. (COMM) 403/2022
8. This is a petition under Section 34(2)(2A) of the Arbitration and Conciliation Act, 1996 for setting aside the award dated 23.05.2022 passed by the Arbitral Tribunal.
9. Learned senior counsel appearing for the petitioner has drawn the attention of this Court to Article 4 of the Agreement dated 10.02.2015 which deals with the scope of supply and services.
10. As per learned senior counsel, the scope of the supply and services was with respect to supply of waste plastic plant to produce pyrolysis oil and all technical documentation as per Article 9 and related technical services including supervision on installation, commissioning and training buyer staff with operating techniques on the equipments. He submits that installation was never within the scope of the agreement dated 10.02.2015 between the parties. However, the learned Arbitrator has given a finding contrary to the same and has literally rewritten the contract.
11. Mr. Sameer Jain, appears on advance notice on behalf of respondent and submits at the outset that the present petition is not maintainable since the present petition has been filed under Section 34(2)(2-A) of the Arbitration and Conciliation Act, 1996, being an International Commercial Arbitration.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:3412. As per the learned counsel for the respondent, as per Section 34(2)(2-A) of the Arbitration and Conciliation Act, 1996, the ground of award being vitiated by patent illegality is not available to the petitioner.
13. On the other hand, learned senior counsel for the petitioner submits that there are other grounds available on which the award passed by the learned arbitrator has been challenged including the fact that the award is against the public policy of India in that the learned arbitrator has rewritten the contract and has read into the contract, which is beyond the scope of the said contract.
14. Issue notice to the respondent.
15. Notice is accepted by Mr. Sameer Jain, Advocate on behalf of the respondent.
16. Reply be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.
17. Re-notify the matter on 19.12.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 320/2018 & I.A. No. 15626/2022 PAWWAN KHANNA ..... Plaintiff Through: Mr. Saurabh Kripal, Senior Advocate with Mr. Sameet Rohatgi, Mr. Manohar Malik, Mr. Namit Suri, Ms. Tanima Gaur, Ms. Nupoor Maharaj, Mr. Kartikey Singh and Mr. Nikhil Arora, Advocates. (M): 7087939697 Email: [email protected] versus DEEPAK BAGGA & ANR. ..... Defendants Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022 I.A. No. 15626/2022 (Application under Section 151 CPC for modification of order dated 12.09.2022 to extend the interim orders dated 09.07.2018 and 20.08.2019 to proposed defendant no.
4)
1. This is an application under Section 151 CPC for modification of order dated 12.09.2022 passed by this Court in order to extend the interim orders dated 09.07.2018 and 20.08.2019 to proposed defendant no. 4.
2. It is pointed out that by order dated 12.09.2022, this Court had issued notice on I.A. No. 14830/2022, which is an application for impleadment of Mr. Suchin Gupta son of Sh. B.S. Gupta, resident of Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 House No. 53, Anand Lok, New Delhi-110049 as defendant no. 4.
3. Learned senior counsel appearing for the applicant points out that this Court had issued notice in I.A. No. 14831/2022 which is an application under Order 39 Rule 1 and 2 CPC read with Section 151 CPC seeking ex-parte ad-interim injunction.
4. It is the case of the applicant that despite the status quo order passed earlier by this Court vide order dated 09.07.2018 and 20.08.2019, the status quo orders have been flouted and now sale deed dated 20.07.2022 has been executed in favour of the proposed defendant no. 4. Thus, learned Senior Counsel for the plaintiff prays that the status quo orders as issued earlier by this Court be also extended to the proposed defendant no. 4 so that there are no further transfers in contravention to the orders already passed by this Court.
5. Considering the averments made before this Court, the order dated 12.09.2022 is modified and it shall be read to include the directions that the operation of orders dated 09.07.2018 and 20.08.2019 passed by this Court shall extend to Mr. Suchin Gupta, the proposed defendant no. 4.
6. It is ordered accordingly.
7. The application is disposed of. CS(OS) 320/2018
8. Re-notify the matter on 29.11.2022 i.e. the date already fixed.
9. Dasti under the signatures of Court Master.
MINI PUSHKARNA, J SEPTEMBER 22, 2022/c Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 75/2017 EX.APPL.(OS) 314/2017 EX.APPL.(OS) 2972/2022 EX.APPL.(OS) 3193/2022 M/S VERSATILE COMMOTRADE PRIVATE LIMITED ..... Decree Holder Through: Mr. Nikhilesh Krishnan, Advocate.
versus SH. CHIRANJI LAL & ANR ..... Judgement Debtors Through: Mr. Ravi Ku mar for LRs of JD-1 and for objector Mahesh-son of JD-2.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. Learned counsel for the judgment debtors submits that objections were filed to the present execution, to which reply has been filed by the decree holder. He submits that they will file their rejoinder to the reply filed on behalf of the decree holder to their objections.
2. At request, list on 13.01.2023.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + I.P.A. 13/2018 I.A. 14356/2018 I.A. 8453/2019 I.A. 532-533/2020 I.A. 9556-9558/2022 IRA KAKAR & ANR. ..... Petitioners Through: Ms. Usha Jomnal, Advocate (Enrl. No. D-5782/2019, Ph.
8744956276, e-mail:
[email protected]) with Ms. Shruti Kakar (mother) of petitioners in person.
versus KAPIL KAKAR & ORS. ..... Respondents Through: Ms. Puja Shrivastava, Advocate for R-1 (Enrl. No. D/360/2002, Ph. 9871558892, e-mail:
[email protected]).
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. Ms. Usha Jomnal, Advocate appears on behalf of the petitioner along with Ms. Shruti Kakar, who is the mother and next friend of the petitioners, who are minor children.
2. Ms. Usha Jomnal, Advocate identifies Ms. Shruti Kakar.
Further this Court has also perused the original identity card of Ms.Shruti Kakar. Copy of the Aadhaar Card has been produced before this Court proving the identification of Ms. Shruti Kakar.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:343. Ms. Shruti Kakar submits that settlement has already been reached between the parties and that she would not like to pursue the present matter. The statement of Ms. Shruti Kakar is taken on record.
4. Learned counsel appearing for the respondents submits that in terms of the settlement between the parties, respondent No. 1 is in the process of transferring a sum of Rs.4,00,000/- (Rupees Four Lakhs only) to Ms. Shruti Kakar, today itself. The statement is taken on record.
5. Learned counsel for the petitioners seeks permission of this Court to withdraw the present petition in view of the settlement reached between the parties.
6. Liberty granted. The present petition is dismissed as withdrawn. Pending applications also stand dismissed.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 797/2022 KANWARJI CONSTRUCTION COMPANY ..... Petitioner Through: Mr. Abhishek Pandey, Dr. Amit George, Advocates (Ph. 8997701038, e-mail:
[email protected]).
versus DELHI DEVELOPMENT AUTHORITY ..... Respondent Through: Mr. Farmon Ali, Mr. Krishan Kumar, Advocates for DDA (Ph.9499448888, e-mail: "farmon"@gmail.com).
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. Learned counsel for the respondent enters appearance and submits that short affidavit on behalf of respondent has been filed on 19.09.2022. However, the same is not on record. Let respondent take steps to bring the affidavit on record.
2. Learned counsel for the respondent has drawn the attention of this Court to Clause 25 of the Agreement, which provides for resolution of dispute arising out of the agreement dated 01.07.2015 between the parties. Clause 25 of the Agreement between the parties has been perused.
3. Attention of this Court has been drawn to the relevant provision Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 in Clause 25 of the Agreement between the parties, wherein it is stated as follows:
"CLAUSE 25 Settlement of Disputes & Arbitration "(A) (ii) ......Beyond the claim limit of Rs.10.00 million, there shall be two arbitrators. For this purpose the DDA will make out a panel of Engineers with the requisite qualifications and professional experience relevant to the field to which the contract relates. This panel will be from serving or retired Engineers of Central/State Government, DDA's or of Public Sector. In case of a single arbitrator, the Panel will be of two Engineers, out of which the Contractor will choose one. In case two arbitrators are to be appointed, the DDA will make out a panel of five. The Contractor and the DDA will choose one arbitrator each and the two so chosen will choose the third arbitrator.
Neither party shall be limited in the proceedings before such arbitrator(s) to the evidence nor did arguments put before the Chief Engineer for the purpose of obtaining his decision. The arbitration proceedings shall be held in Delhi only. The language of proceedings that of documents and communication shall be English."
4. Learned counsel for the petitioner submits that he has no objection if the respondent provides the full list of panel of arbitrators, so that the petitioner is able to choose from the said list. Learned counsel for the respondent has no objection in providing such list. Respondent is directed to provide the full panel of Arbitrators to the petitioner within two weeks.
5. Learned counsel for the petitioner is directed to come back on the next date of hearing with instructions after discussion with his client as to the name which is agreeable to the petitioner for the purposes of appointment of arbitrator in the present case.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:346. List on 20.10.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 798/2022 DRISHTI ENGINEERS AND CONSULTANTS ..... Petitioner Through: Mr. Manish Kumar, Mr. Piyush Kaushik, Ms. Aparajita Jha and Mr. Sunny Sachin Rawat, Advocates. (Ph.9810470133, e-mail:
[email protected]
m).
versus DELCO INFRASTRUCTURE PROJECTS LTD. ..... Respondent Through: Mr. Kumar Vivek Vibhu, Advocate (Ph. 9810470133, Enrl. No. D/288- R/1998).
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. Pursuant to the last order, Mr. Kumar Vivek Vibhu, Advocate has put in appearance on behalf of the respondent. He submits that he disputes the claims raised on behalf of the petitioner. However, he has no objection if an Arbitrator is appointed by this Court.
2. It is seen that the arbitration clause is contained in Clause 12 of the Work Order dated 28.11.2018, which is reproduced as below:
"12. SETTLEMENT OF DISPUTES AND ARBITRATION In case of any dispute, same shall be amicably resolved and in case the same still persists, an arbitrator Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 may be appointed by Director of "DELCO INFRASTRUCTURE PROJECTS LTD" with the mutual consent of M/s Dristhi Engineers and Consultants who will decide the issues in terms of Arbitration and Conciliation Act, 1996."
3. Learned counsel for the claimant submits that he has claims approximately to the tune of Rs.10 lakhs. Learned counsel appearing for the respondent submits that he has to take requisite instructions from his client as regards any counter-claim that would be raised before the learned Arbitrator.
4. There is no dispute to the Arbitration Agreement between the parties.
5. In view of the aforesaid, the present petition is allowed.
6. Mr. Gaurav Sharma, Advocate, Mobile No. 9990116727, Email:[email protected], is appointed as learned Sole Arbitrator to adjudicate upon the disputes between the parties.
7. Parties are directed to seek requisite disclosures under Section 12 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as „the Act‟) from the learned Sole Arbitrator before commencement of arbitration proceedings.
8. The learned Sole Arbitrator shall be entitled to fee as stipulated in the Fourth Schedule to the Act.
9. All rights and contentions of all parties are left open for consideration by the learned Sole Arbitrator.
10. For the convenience of the ld. Arbitrator, the details of the advocates who have appeared before this Court are given as follows:
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34Petitioner Mr. Vibhanshu Jain, Ph. No. - 8010885386, Email id: [email protected]. Advocates for Mr. Manish Kumar, Mr. Piyush Kaushik, Petitioner Ms. Aparajita Jha and Mr. Sunny Sachin Rawat, Advocates. (Ph.9810470133, e-mail:
[email protected]). Respondent's Mr.Amarjeet Singh, Address: Flat No. 146, Director Sector-13, Pocket -1, Dwarka, New Delhi-
77; Ph. No. 9570090000, email
[email protected].
Respondent‟s Mr. Kumar Vivek Vibhu, Advocate
Advocate (Enrl.No. D/288-R/1998, Ph. 9810470133,
e-mail: [email protected] ).
11. The petition is disposed of in the abovesaid terms.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 830/2022 ASHOK KUMAR KATHURIA & ANR. ..... Petitioners Through: Ms.Payal Bahl, Mr. Abhijit Mishra, Mr. Gaurav Singh and Mr. Rajan Raj, Advocates (Ph.9910860430, 9891578108). versus UPAL BUILDTECH PRIVATE LIMITED ..... Respondent Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. Office report shows that notice has been served through e-mail, however, the notices for other modes were not collected by the petitioner.
2. In view thereof, issue fresh notice to the respondent by all modes, including dasti notice.
3. Let reply be filed within two weeks. Rejoinder thereto, if any, be filed within one week thereafter.
4. List on 15.11.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 837/2022 SHWETA SHARMA ..... Petitioner Through: Mr. Amit Goel, Advocate versus BPTP LIMITED ..... Respondent Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. Pursuant to the notice issued on the last date of hearing, learned counsel for the petitioner has filed affidavit of service along with speed post and courier receipts and their tracking reports, respectively.
2. Perusal of the tracking reports clearly shows that respondent has been served by way of speed post as well as by way of courier.
Affidavit of service filed on behalf of the petitioner also shows that the respondent has been served through e-mail. However, despite service none appears for the respondent.
3. Considering the fact that respondent is stationed at New Delhi, the petitioner is directed to serve the respondent through dasti notice on filing of process fee at their office at Kasturba Gandhi Marg, New Delhi as well as at Faridabad, as per the addresses given in the memo of parties.
Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:344. Notice to the respondent would indicate that in case the respondent does not appear on the next date of hearing despite service, this Court shall proceed to pass appropriate orders.
5. List on 16.11.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 901/2022 M/S SMAS AUTO LEASING INDIA PRIVATE LIMITED ..... Petitioner Through: Mr. Bhuvnesh Satija, Mr. Udit Sharma, Advocates (Ph. 8178530049, e-mail: [email protected]). versus THIRUMALA CABS ..... Respondent Through: None.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. Affidavit of service alongwith the receipt of speed post and courier tracking reports have been filed by the petitioner. Tracking report of the speed post shows that the respondent has been served.
Along with the affidavit of service, the petitioner has attached snap- shot of the portal of the courier service, which shows that the respondent has been served through courier also.
2. In view of the aforesaid, the respondent stands as served.
3. Learned counsel appearing for the petitioner submits that petitioner and respondent are in settlement talks and there is every likelihood that the matter may be settled. He thus requests that some time be given for the said purpose.
4. At request, adjourned to 18.11.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022/PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 954/2022 RAGHAV ENGINEERS ..... Petitioner Through: Mr. Siddharth Mullick and Mr. Arun Kumar, Advocates (Ph.9953903010).
versus DELHI TOURISM AND TRANSPORTATION DEVELOPMENT CORPORATION ..... Respondent Through: Mr. Siddhant Nath, Advocate (Ph.9910870397, e-mail:
[email protected]).
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. Learned counsel enters appearance on behalf of respondent and submits that he has instructions to file reply.
2. Let the reply be filed within two weeks. Rejoinder thereto, if any, be filed within one week thereafter.
3. List on 28.10.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARB.P. 1065/2022 MS SUNHARI BAGH BUILDERS PVT LTD ..... Petitioner Through: Mr. Avinash Trivedi, Advocate (Ph.9871441764, e-
mail:[email protected]) versus AIRPORTS AUTHORITY OF INDIA ..... Respondent Through: Mr. Digvijay Rai and Mr. Archit Mishra, Advocates (Enrl. No. D/1228/2000, Ph. 9873103599, e- mail: [email protected]).
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. Arguments have been heard.
2. Judgment reserved.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 255/2019 & I.A. 6873/2019 SANJAY BAHL ..... Plaintiff Through: Mr. Lalit M. Gandharva, Advocate (M. 9310012190).
versus
AMIRA SINGH ..... Defendant
Through: Defendant in person
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. Defendant appearing through video conferencing submits that her counsel is in some personal difficulty.
2. At request, list on 13.01.2023.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 292/2019 I.A. 8096/2019 I.A. 3093/2020 SH. RAM GOPAL GUPTA ..... Plaintiff Through: Mr. Prabhjit Jauhar and Mr. Ranveer Talwar, Advocates.
versus MS. AVANTI MATHUR ..... Defendant Through: Mr. Parkhi Singh, Advocate (Enrl. No. D/34565/2022, Ph. 9650978476, e-mail:
[email protected]).
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022 I.A. 8366/2022
1. Reply to the said application has yet not been filed. Learned proxy counsel appearing for the defendant submits that the main counsel is indisposed today, therefore he is unable to appear.
2. Let reply be filed within two weeks. Rejoinder thereto, if any, be filed within one week thereafter.
3. In view of the inability expressed by learned counsel for the defendant that the main counsel is not available, list on 06.10.2022.
MINI PUSHKARNA, J SEPTEMBER 22, 2022/PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34 $~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 209/2022 & I.A. 10619/2022 KANWARJI CONSTRUCTION COMPANY..... Petitioner Through: Mr. Abhishek Pandey, Dr. Amit George, Advocates (Ph. 8997701038, e-mail:
[email protected]).
versus
DELHI DEVELOPMENT AUTHORITY
& ANR. ..... Respondents
Through: Ms. Manika Tripathi, Standing Counsel for DDA, Mr. Roshan Kumar, Mr. Manish Vashist, Mr. Shubham Hasija, Advocates (M:9811831835) CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA ORDER % 22.09.2022
1. Ld. Counsel for the respondent submits that reply has already been filed. However, the same is not on record. Let the same be brought on record.
2. List along with ARB.P. 797/2022 on 20.10.2022.
3. Interim orders to continue.
MINI PUSHKARNA, J SEPTEMBER 22, 2022 PB Signature Not Verified Digitally Signed By:PURAN SINGH TARIYAL Signing Date:26.09.2022 12:46:34