Vijay Sharma v. M/S Concept Plus Infosolutions Pvt Ltd & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 13/2019 VIJAY SHARMA ..... Petitioner Through:

Mr Raj Kishor Choudhary, Mr Shakeel Ahmed, Mr Anupam Bhati and Mr Nakul Chaudhary, Advocates.

versus M/S CONCEPT PLUS INFOSOLUTIONS PVT LTD & ANR ..... Respondents Through:

Mr Sandeep Kumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 23.05.2019 1.

The petitioner has filed the present petition under Section 24 of the Code of Civil Procedure, inter alia, praying that the suit bearing Civil Suit No.417/2017 captioned 'Vijay Sharma v. M/s Concept Plus Infosolution Pvt. Ltd.' be transferred from the District Court (North West District), Rohini Court to the court of District and Sessions Judge (North District) Court Complex.

2.

The petitioner states that the said suit for recovery of ₹13,75,599/- was filed before the District and Sessions Judge, North-West District since the petitioner was under a bona fide belief that the registered office of defendant no.1 (respondent no.1 herein) fell within the jurisdiction of the North-West District. He states that subsequently he became aware that the said address falls within the jurisdiction of the North District.

3.

The learned counsel appearing for the respondent states that this objection was taken by the respondents two years ago and, however, the petitioner had persisted in pursuing the matter before the learned ADJ (North-West) District.

4.

Be that as it may, since, it is not disputed that the District Courts (North District) would be the apposite court for considering the said suit. The present petition is allowed and the Civil Suit No.417/2017 captioned 'Vijay Sharma v. M/s Concept Plus Infosolution Pvt. Ltd.' is transferred from the court of learned ADJ, North-West District, Rohini Court to the court of District and Sessions Judge, North District, Rohini Court Complex. It is clarified that the suit shall proceed from the same stage as currently obtaining.

5.

The parties are directed to appear before the concerned court on 08.07.2019.

VIBHU BAKHRU, J MAY 23, 2019 MK