FIR No. 127/15 PS : GK (EOW) State Vs. Harmeet Singh Sood 24.06.2016 An application for bail u/s 437 Cr.PC. Present: Ld. APP for the State. IO Inspector Samarpal Singh in person. Sh. Rajesh Kumar Singh, Ld counsel for applicant. IO has filed reply of this bail application. It is mentioned in the reply that accused persons has six previous involvements and copy of the same is enclosed with the reply. Perused. Copy of previous involvement is not enclosed with the report. Part arguments heard. Notice to the complainant through IO be issued for 30.06.2016 at 2.00 pm. IO is directed to file enclosure as mentioned in the reply of the bail application NDOH. (SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
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FIR No. 127/15PS : GK (EOW)State Vs. Harmeet Singh Sood
24.06.2016
An application for bail u/s 437 Cr.PC.
Present: Ld. APP for the State.
IO Inspector Samarpal Singh in person.
Sh. Rajesh Kumar Singh, Ld counsel for applicant.
IO has filed reply of this bail application. It is mentioned in
the reply that accused persons has six previous involvements and copy of
the same is enclosed with the reply.
Perused. Copy of previous involvement is not enclosed with
the report.
Part arguments heard.
Notice to the complainant through IO be issued for 30.06.2016
at 2.00 pm. IO is directed to file enclosure as mentioned in the reply of the
bail application NDOH.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
MCA No. 17/16PNB Vs. KDM Services Providers Pvt Ltd
24.06.2016
File put up today on an application for necessary directions to the Court
appointed Receiver for executing order dated 09.03.2016, as filed on behalf
of the applicant/petitioner bank on 10.06.2016.
Present: Sh. Rambir Singh, Ld. Counsel for the applicant bank.
Heard and perused.
Let notice of this application be issued to the Receiver for
consideration on 07.07.2016 at 2.00 pm.
Ld counsel for the applicant has also been apprised that the
Court appointed Receiver has filed his report in the matter with this Court
on dated 23.06.2016. Applicant/petitioner bank is at liberty to take
certified copy thereof from the Court as necessary reference.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
MCA No. 07/16PNB Vs. M/s Circular Jute Mills
24.06.2016
Present: Sh. Vishwabandu R Nath, Chief Manager of the petitioner
bank with Ld counsel Sh. S K Tanwar.
Sh. Shankar Chhabra, Court appointed Receiver in person.
Summons to Chief Manager of the petitioner bank and to its
counsel returned back served.
It is submitted by Ld counsel for the petitioner bank that the
matter is pending before DRT and the next date thereof is 07.07.2016.
Be put up for purposes fixed for 16.07.2016 at 2.00 pm.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
FIR No. 504/06PS : CR Park State Vs. Untrace
24.06.2016
Present: Ld. APP for the State.
Complainant Jugal Kishore Ranjan with Ld counsel Sh.
Gautam Chakraverty.
IO SI Abhishek Kumar from EOW in person.
IO has today supplied copy of untrace report to the
complainant against due acknowledgment.
Complainant has filed a written complaint.
Be put up for consideration on the untrace report as well as
on the complaint filed by the complainant on 10.08.2016 at 2.00 pm.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
Vehicle No. HR 73 1216Circle : STA State Vs. Sunder Gautam
24.06.2016
Present: Ld. APP for the State.
Sh. Kailash Bhardwaj, Ld counsel for the applicant.
This is an application for preponment of date of hearing for
disposal of the challan. Heard and perused.
Let record/file be positively called from the concerned Court
for 25.06.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
Vehicle No. HR38U0962 Circle : STA State Vs. Ombir
24.06.2016
Present: Ld. APP for the State.
Sh. Ashok Kumar, Ld counsel for the applicant.
This is an application for release of vehicle bearing no.
HR38U0962 on superdari.
Let record be positively called from the concerned Court for
25.06.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
FIR No. 197/16PS : GKIState Vs. Sagar Saini
24.06.2016
Present: Ld. APP for the State.
ASI Vijaypal Chuahan in person.
Prosecutrix Ms. Shaloni in person.
Order of even date passed by Ld MM is perused.
File be sent back to the Court of Ld MM Sh. Sudhir Kumar
Sirohi for recording of statement of Prosecutrix Ms. Shaloni u/s 164 Cr.PC
for today itself at 2.45 pm.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
FIR No. 22/13PS : Badarpur State Vs. Rakesh Sharma
24.06.2016
Present: Ld. APP for the State.
Order dated 23.05.2016 passed by Ld MM and DD No. 53B
dated 08.01.2016 PS Badarpur are perused.
Accordingly, file be sent back to the Court of Ld MM Ms.
Shivani Chauhan for 27.06.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
FIR No. 70/11PS : Crime Branch South East State Vs. Raj Narayan Tiwari & Ors
24.06.2016
Present: Ld. APP for the State.
Accused Raj Narayan Tiwari, Pankaj Madhesia and Rajiv
Kumar in person.
Sh. Manoj Kumar, surety of accused Raj Narayan Tiwari in
person.
Matter today is listed for S/D and consideration on charge. A
handwritten application has been filed by surety Manoj for withdrawal of
his surety bonds for accused R N Tiwari. Accused has sought time to
arrange for another surety. Accordingly, application is kept pending
disposal for NDOH.
Notice to IO/IOs be issued for consideration on charge for
28.07.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
FIR No. 1013/15PS : Amar ColonyState Vs. Hemant
24.06.2016
Present: Ld. APP for the State.
Accused Hemant in person.
IO HC Yogender Singh in person.
IO has filed previous conviction record of the accused. Report
perused and considered. In the report it has been submitted that accused
has not previously convicted for the same offence.
Matter is otherwise at the stage of report on the summons.
Summons to accused received served. Accused is present in person and has
filed an application u/s 265B Cr.PC with his supporting affidavit for
referring the matter to plea bargaining. Heard and perused.
The application with the file is assigned to Ld MM Sh. Arvind
Bansal for disposal for today itself at 2.00 pm.
IO shall remain present before the Ld Plea Bargaining Judge
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
FIR No. 515/15PS : HN Din State Vs. Kajal Suri
24.06.2016
Present: Ld. APP for the State.
Accused Kajal Suri in person.
Matter is today listed for report on the summons. Summons
not received back, however, accused is present in person and has filed an
application u/s 265B Cr.PC with her supporting affidavit and copy of her
voter ID Card for referring the matter to plea bargaining. Heard and
perused.
The application with the file is assigned to Ld MM Sh. Arvind
Bansal for disposal for 04.07.2016 at 2.00 pm.
Notice to IO be issued to remain present with previous
conviction record of the accused before the Ld Plea Bargaining Judge on
the date and time fixed.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
CC No. 26/01/16In FIR No. 91/00PS : CR Park Rajender Kumar Vs. Amit Benerjee & Ors
24.06.2016
Present: Complainant Rajender Kumar with Ld counsel Sh. Sandeep
Sehgal.
Sh. Shivek Trehan, Ld counsel for the applicant (application
u/s 340 Cr.PC).
Ld counsel for the applicant is heard on the application u/s
340 Cr.PC.
Ld counsel for the complainant is partly heard on the aspect
of summoning.
Be put up for further arguments on summoning and
clarifications, if any/order on the application u/s 340 Cr.PC for 26.07.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
FIR No. 241/08PS : Sarita ViharState Vs. Ramesh etc
24.06.2016
Present: Ld. APP for the State.
Accused Ramesh with Ld counsel Sh. Subodh Kumar.
Accused Wakir Khan with Ld counsel Sh. Tejveer Singh.
Accused Ashfak in person.
PW SI Rajender has again sent his request to the summons
served upon him. Fresh summons be issued to him with directions to
remain present on NDOH with his medical certificate failing which to
deposit cost of Rs. 5,000/.
Summons to PW ASI Devender returned with the report of
his death. Copy of his death certificate is annexed with the report. His
name accordingly deleted from the list of witnesses.
PW Ct. Devender has sent his request to the summons served
upon him.
No other PW is present/summoned.
Let material witnesses including PW S Thomas and PW SI
Rajender Singh be summoned through DCP Crime Branch for PE on
06.08.2016.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
FIR No. 7/15PS : Amar Colony (AATS)State Vs. Irfan @ Chenu
24.06.2016
Present: Ld. APP for the State.
Accused Irfan @ Chenu not produced from JC in video
conferencing.
Sh. Gautam Chakraverty, Ld LAC for accused.
PW Ct. Kuldeep has sent his request. PW Ct. Sanjay is
discharged unexamined as accused is not produced in VC owing to his
illness.
Matter is adjourned for PE on 11.07.2016.
Intimation of NDOH be sent to the concerned Jail
Superintendent to ensure the presence of accused in VC.
(SATISH KUMAR ARORA) CMM/SE/Saket Courts New Delhi/24.06.2016
CC No. 51/01/13 State Vs. Rekha
24062016
Present: Learned APP for the State.
Accused Rekha absent.
Ld. Proxy Counsel for accused.
An application seeking exemption from personal appearance
of the accused Rekha is filed. Heard and perused. Allowed for today only.
South East District / Saket Courts New Delhi/24062016
IN THE COURT OF SH. SATISH KUMAR ARORA: CHIEF METROPOLITAN
MAGISTRATE, SOUTH EAST DISTRICT, NEW DELHI
MCA No. 48/16
State Bank of India, A CorporationConstituted under the State Bank ofIndia Act, 1955, Having its Central Office / Corporate Centre at State Bank Bhawan, Madame Cama Road,Mumbai400024, one of its local headoffice at 11, Sansad Marg, New Delhi10001 and having branches amongst others one at RACPC, Rohini A5, Pearls Best Heights1, Netaji Subhash Palace, Pitampura, Delhi34 .............Applicant Bank
Vs.1. Gaurav Chadha
S/o Lajpat Chadha, R/o H. No. 418, Ground Floor, Prakash Mohalla, East of Kailash, New Delhi110065.
Office Address:M/s Mediaid Medical System A60, Mohan Garden Extn. D.K. Road, UttamNagar, Delhi110059 .............. Respondent
At 02:00 PMPresent : None for the petitioner bank.
Matter today is listed for clarifications / orders. File perused.
This is an application moved by the applicant bank u/s. 14 of the
Securitization and Reconstruction of Financial Assets and Enforcement of
Security Interest Act, 2002(in short, the SARFAESI Act).
Ld. Counsel for the petitioner bank was heard and the relevant
provisions of the law were also taken note of. The original documents relating to
the loan/hypothecation and the vehicle in question were produced by the
petitioner bank and were perused. The documents/affidavit have also been
produced in support of the submission that notice of Section 13 (2) of the Act
was duly served upon the respondent and despite that the outstanding amount
has not been paid within the stipulated period. It is stated that hypothecated
vehicle is with the respondent residing in District SouthEast.
Section 14 of the aforesaid Act makes it mandatory for the
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CMM/ACMM to order taking possession of the assets mortgaged/ hypothecated
and the documents relating there to and forward such assets and documents to
the Secured creditor and for the purpose of securing compliance, the court may
take or cause to be taken such steps and, use or cause to be used, such force, as
may, in his opinion, be necessary.
In view of the aforesaid provisions of law and the submission
made I appoint Sh. Javed Khan, Advocate, Enrollment No. D/487/2015, office
Vehicle i.e. VERNA CRDI 1.6 SX BSIV having particulars as under:
Registration No. : DL 2C AR 2413Engine No. : D4FBCU255849Chassis No. : MALCU41ULDM112895with the help of police aid including one lady police official and submit his
report within three months from the date of this order. Receiver shall give
possession notice to the authorized officer of the secured creditor and the
borrower 15 days in advance, however, in cases of exigencies where there is a
possibility of the borrower avoiding the process or fleeing away with the vehicle
in question, the receiver instead of giving an advance notice as directed shall
serve upon the borrower a notice at the time of taking over of the possession of
the vehicle in question thereby giving him an opportunity to pay back the dues
of the bank as determined by the bank. The AR / concerned bank official for that
purpose shall also provide the proposed payment mechanism to the receiver to
be furnished subsequently to the borrower with the notice.
Receiver is also empowered to break open the locks where the
abovesaid vehicle is found parked. He shall prepare inventory with regards to
the items, if any, kept inside the vehicle, and hand over one list duly signed by
the witnesses and by the receiver to the borrower, if present at the site, and one
copy duly signed by the witnesses and by the receiver will be annexed with his
report. Photographs of the vehicle from various angles before take over and after
take over and photographs of the items kept inside the vehicle shall also be
taken by the receiver and be annexed with the report alongwith
negatives/certificate U/sec 65B of Indian Evidence Act. Broken locks shall be
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sealed in cloth pullanda and be deposited with concerned Bank. After taking
over the subject vehicle it should be handed over to the authorized officer of the
bank. The expenses on this account shall be borne by the applicant bank and
photographs and negatives/certificate U/sec 65B of Indian Evidence Act be
enclosed with the report. Accompanying witnesses shall sign the proceedings.
Moreover, Receiver to ensure that while executing the order there is no stay from
any court in respect of the aforesaid vehicle / property. The fee of the Receiver is
fixed at Rs. 20,000/ (Rupees Twenty Thousand only) to be paid by the
petitioner bank. Fee of Rs. 10,000/ shall be paid to the receiver within 15 days
from today and the remaining fees shall be paid at the time of taking
possession of the vehicle or within one week thereof. A copy of this order be
given to the Receiver as well as to the petitioner bank for compliance and one
copy of order be sent to SHO concerned for providing assistance if required.
Objections, if any, by whomsoever concerned should be made
before the Debt Recovery Tribunal and no objections shall be entertained in this
Court. Under the scheme of the Act this court is supposed to provide the
assistance to the Financial Institutions to obtain the possession of the secured
asset in accordance with law. This court is not supposed to decide any of the
issue between the parties on its merits. After the appointment of Receiver
nothing survives in the petition. Receiver is directed to file the compliance
report in the office within three months from today, which be placed on the file
and then the file be consigned to record room after due compliance.