Judgments - Recovery
SHRIPATI LAKHU MANE VERSUS THE MEMBER SECRETARY MAHARASHTRA WATER SUPPLY AND SEWERAGE BOARD
ASHOK KUMAR SHARMA VERSUS SUSHIL CHANDER SHARMA & ORS
M/S. AUTO MOVERS VERSUS LUMINOUS POWER TECHNOLOGIES PVT. LTD.
SANSAR CHAND SHARMA VERSUS KOTAK MAHINDRA BANK LTD THROUGH CHIEF MANAGER SH G S PANDEY
VISHNU INFRA AND ENERGY SOLUTIONS PVT. LTD. & ANR VERSUS ROHIT SINGHAL & ORS
M/S. L&T HOUSING FINANCE LIMITED VERSUS M/S. TRISHUL DEVELOPERS AND ANR.
M/s.Anik Industries Ltd Vs. M/s.DCM Shriram Consolidated Ltd
Law laid down - [a] If the arbitration clause is contained in the annexure to the contract document and the annexure is specifically mentioned therein, then the arbitration agreement exists between the parties. [b] Sec.8 of the Act mandates a judicial authority to refer the parties to arbitration in case whether pending action is subject matter of an arbitration agreement and in such cases the judicial authority does not commit any error in disposing of the civil action while referring the Full Judgment
The General Manager and another Vs. M/s Raisingh and Company
Law Laid Down - The extension in time does not extend the period of completion of the agreement. It only permits the Contractor to complete works subject to payment of liquidated damages, as agreed to. Liquidated damages are claimed on account of breach of the contract and such amount cannot be said to be unreasonable or is by way of penalty. In absence of any allegation that the Award passed by the Arbitrator is against the public policy, liquidated damages imposed in Full Judgment
Sawailal Jalon Vs. State of MP & Another.
Law laid down - Merely continuation of a departmental enquiry instituted against delinquent Government employee, who was in service, will not automatically terminate on completion of two years' period from the date of superannuation. In fact, if the departmental enquiry is not completed within two years of date of superannuation, then such an employee will become entitled for release of cent percent pensionery dues, but they will be subject to final outcome of the departmental enquiry and the intent of the Full Judgment
Manish Makhija Vs. Central Bank of India and others
Law laid down - Section 14(1) of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002- satisfaction of Magistrate- not specifically required to be recorded. The satisfaction is regarding adjudicating that nine points of declaration are covered in the affidavit. It does not call for any modicum of enquiry into the veracity or justification or the decision of declaration or any aspect thereof. Even if the word “satisfaction” is not recorded by the Magistrate but his Full Judgment