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May, 2013) P.S.D I.L.R. (2013) III DELHI Part-I (May, 2013) P.S.D. 25.5.2013 (Pages 1641-2084) 600 Annual Subscription rate of I.L.R.(D.S.) 2013 INDIAN LAW REPORTS (for 6 volumes each volume consisting of 2 Parts) DELHI SERIES In Indian Rupees : 2500/- 2013 Single Part : 250/- (Containing cases determined by the High Court of Delhi) VOLUME-3, PART-I (CONTAINS GENERAL INDEX) EDITOR MS. R. KIRAN NATH for Subscription Please Contact : REGISTRAR VIGILANCE CO-EDITOR Controller of Publications MS. NEENA BANSAL KRISHNA Department of Publication, Govt. of India, (ADDITIONAL DISTRICT & SESSIONS JUDGE) Civil Lines, Delhi-110054. REPORTERS Website: www.deptpub.nic.in Email:[email protected], [email protected] MR. CHANDER SHEKHAR MS. ANU BAGAI Tel.: 23817823/9689/3761/3762/3764/3765 (DISTRICT & SESSIONS JUDGE) MR. SANJOY GHOSE Fax.: 23817876 MR. GIRISH KATHPALIA MR. ASHISH MAKHIJA MR. VINAY KUMAR GUPTA (ADVOCATES) MS. SHALINDER KAUR MR. LORREN BAMNIYAL MR. GURDEEP SINGH MR. KESHAV K. BHATI MS. ADITI CHAUDHARY JOINT REGISTRARS MR. ARUN BHARDWAJ MS. ANU GROVER BALIGA MR. DIG VINAY SINGH (ADDITIONAL DISTRICT PRINTED BY : J.R. COMPUTERS, 477/7, MOONGA NAGAR, & SESSIONS JUDGES) KARAWAL NAGAR ROAD DELHI-110094. AND PUBLISHED UNDER THE AUTHORITY OF HIGH COURT OF DELHI, PUBLISHED UNDER THE AUTHORITY OF HIGH COURT OF DELHI, BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054—2013. BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054. (i) (ii) NOMINAL-INDEX Noor Salam v. The State (Govt. NCT of Delhi) ................................ 1732 VOLUME-3, PART-I Pancham Singh v. Union of India & Ors. .......................................... 1897 MAY, 2013 Punjab Motor Workshop v. DDA and Anr. ....................................... 1986 A.P. Pathak v. CBI ............................................................................. 1958 The Principal Delhi College or Arts & Commerce v. Sunita Ajit Kumar v. Commissioner of Police and Ors. ............................... 1921 Sharma & Anr. ............................................................................ 1743 Asgar Ali v. The State (NCT of Delhi) .............................................. 1772 Rambagh Palace Hotels Private Limited v. Deputy Commissioner Australia and New Zealand Banking Group Ltd. v. Tulip Telecom of Income Tax, New Delhi .......................................................... 1703 Ltd. Ors........................................................................................ 1933 Reckit Benkciser (India) Ltd. v. Hindustan Unilever Ltd. .................. 2002 Bhagat Singh v. UOI and Ors. ........................................................... 2080 S.K. Bahl v. Delhi Development Authority & Ors. ............................ 2020 Bhim Singh Bajeli v. P.O. Central Govt. Industrial Tribunal .............. 1724 State v. Rahul ...................................................................................... 1861 Bihari Lal & Anr. v. State (NCT of Delhi) ......................................... 1791 Suman Singh v. Sanjay Singh ............................................................ 2045 Commissioner of Income Tax-III v. Samara India Pvt. Ltd. ............ 1995 Suneel Kumar Khatri v. Union of India & Ors. .................................. 1671 The Commissioner of Income Tax Delhi-II v. Jain Export Union of India Through Commissioner Central Excise Pvt. Ltd. ....................................................................................... 2066 Commissionerate Delhi-II v. Ind Metal Extrusions Pvt. Deepak Kumar v. State (Delhi) .......................................................... 1780 Ltd. & Anr. .................................................................................. 1641 Delhi Chartered Accountants Society (Regd.) v. Union of Vijay Singhal & Ors. v. Govt. of NCT of Delhi & Anr. .................... 1817 India and Ors. .............................................................................. 1752 Vikas v. The State of (NCT of Delhi) & Ors. ................................... 1765 Ex-CPL Pritam Singh v. Union of India and Ors. .............................. 1719 X & Anr. v. SK Srivastava & Anr. .................................................... 1649 Gujarat State Financial Services Ltd. v. Thapar Agro Mills Ltd. ....... 1798 X (Assumed name of the prosecutrix) v. The State (N.C.T. of Indus Towers Limited v. UOI and Ors. ............................................. 1905 Delhi) & Ors. ............................................................................... 1813 In the Matter of Vodafone Essar South Ltd. ...................................... 1979 Kartar Singh v. Union of India & Anr. ............................................... 2014 Lalea Trading Limited v. Anant Raj Projects Pvt. Ltd. & Anr. .......... 1679 Manjeet Singh & Ors. v. State of Delhi ............................................. 1971 Neeraj Kumar Prasad v. UOI and Ors. .............................................. 2035 (iv) SUBJECT-INDEX argument of Petitioner is that it should be paid for its equity VOLUME-3, PART-I shares, CCPS and FCDS at face value of Rs. 2,687.83 per MAY, 2013 share—Per contra plea taken, there is no dispute between parties which requires to be referred to arbitration and in any ARBITRATION AND CONCILIATION ACT, 1996—Section event, arbitration clause till date has not been invoked by LTL— Claim was itself premature—Even for placing monies in a no 9 and 17—Code of Civil Procedure, 1908—Order XXXVIII Rule 5—Income Tax Act, 1961—Section 163—Respondents lien account, approvals would have to be obtained. There was ARPL and AIPL approached Petitioner LTL with a proposal no pleading that ARIL was siphoning off funds in any unlawful manner—Although scope of Section 9 of Act was wide and to invest in their project of developing a retail mall—Pursuant thereto Share Subscription Agreement (SSA) was entered into Court could exercise all powers vested in it, pleadings in main between parties whereby LTL agreed to subscribe to equity petition were insufficient for grant of any such relief—Held— While neither ARPL nor ARIL has denied liability to honour shares representing 26% of total working share capital of ARPL—Funds were infused in ARPL by LTL—Simultaneous commitments under SPA, SHA and EA, there is justification with execution of SSA, parties entered into Share Holding in their contention that there is no specific averment made in petition by LTL that either of them is trying to siphon off funds Agreement (SHA) where ARIL assured LTL 8 % Investment Return Rate (IRR) in every financial year—According to LTL, or transfer properties of ARPL which is one of prerequisites construction of Mall was inordinately delayed and for grant of relief under Order XXXVIII Rule 5 CPC—No doubt Section 9 of Act gives vide powers to Court including Respondents expressed inability to adhere to 18 % preferred IRR and asked for it to be reduced—It was mutually agreed same power for making orders as it has for purpose of and between parties Respondents would return US Dollar in relation to any proceedings before it—Nevertheless, that discretion is not to be exercised lightly—Court must be component of LTL’s investment in ARPL with 8 % IRR on or before expiry of three year lock-in-period—Exit Agreement satisfied that essential conditions for grant of such relief have (EA) was executed between parties—Present petition was filed been met by party seeking it—Till date, LTL has not formally invoked arbitration clause—Court is not inclined at this stage by LTL for a direction to ARIL to secure sum equivalent to 8% IRR on LTL’s investment, to cooperate and allow CA to express any view on contentious issues which are left open nominated by LTL to conduct regular internal financial audits to be decided by arbitral Tribunal—Petition disposed of with directions. of ARPL and ARIL, to direct respondent’s to file records and particulars of relevant bank accounts by way of which Lalea Trading Limited v. Anant Raj Projects Pvt. Ltd. & remittance amounts where secured, to disclose details of Anr. ............................................................................... 1679 statutory filings with Government departments, to direct ARIL not to alienate/encumber/sell/create charge on shares held by BORDER SECURITY FORCE ACT, 1968—Section 11—Border ARPL and ARIL, directing ARPL not to create charge/alienate/ Security Force Rules, 1969—Rule 22—Sector HQs Hospital, encumber/sell shares with respect to 26% shareholding of LTL, Amritsar referred petitioner to Base Hospital, Jalandhar for directing Respondents not to create any liability, mortgage, lien, further treatment—Petitioner neither reported in that hospital encumbrance in any manner on properties and assets of ARPL nor informed respondents and went to his home town, until adjudication of disputes between parties—In short, Moradabad—As petitioner’s period of absence exceeded 30 (iii) (v) (vi) days, a Court of Inquiry was conducted—Show cause was order and directed Assistant Commissioner (Tech.) to file also dispatched to petitioner informing that it was tentatively appeals to Commissioner (Appeals) against order-in-original— proposed to terminate his services by way of order of Appeals dismissed holding that substantial benefit given to dismissal—Petitioner failed to respond to respondents and vide respondent cannot be taken away on ground of procedural impugned orders, petitioner dismissed from service and appeal infractions—Revision application filed before Central of petitioner also rejected—Orders challanged before HC—Plea Government also dismissed—Writ
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