Mr. Bibhudendu Panigrahi (Director) M/S Abundance Leisure Resorts Pvt. Ltd. v. M/S Chankaya Resort Through Its Proprietor Sh. Mahesh Gupta

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 27/2022 MR. BIBHUDENDU PANIGRAHI (DIRECTOR) M/S ABUNDANCE LEISURE RESORTS PVT. LTD. ..... Petitioner Through:

Ms. Anisha Jain, Mr. Lokesh Sharma and Mr. Nitin Jain, Advocates.

versus M/S CHANKAYA RESORT THROUGH ITS PROPRIETOR SH. MAHESH GUPTA ..... Respondent Through:

Mr. Arpit Verma, Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 23.01.2024 CRL.M.A. 27656/2023 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

TR.P.(CRL.) 27/2022 & CRL. M. A. 27655/2023 (for taking legal action), 16855/2022 (stay) 3.

This transfer petition has been filed on behalf of the Petitioner under Section 407 Cr.P.C. seeking the following reliefs:- "a. Allow the present petition;

b. Transfer the CC No.6054/2020 and CC No. 749/2021 pending before the Ld. MM, Rohini Courts, Delhi, to a competent court or a superior court in Tis Hazari and;

c. Pass an order to club all the cases CC No. 5652/2020 and CC No. 4561/2020 pending before Ld. MM, Tis Hazari, Delhi, and the CC No.6054/2020 and CC No. 749/2021 pending before the Ld. MM, Rohini Courts, Delhi in a single competent court;"

TR.P.(CRL.) 27/2022 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:32:34

4.

At the outset, learned counsel for the Petitioner, on instructions, submits that he does not press prayer (c) in the petition and only seeks transfer of cases bearing CC NI No. 749/2021 and CT No. 6054/2020 pending before the learned MM, Rohini Courts, Delhi to Central District, Tis Hazari Courts, Delhi since three cases bearing Nos. CT No. 5387/2020, CT No. 4561/2020 and CT No. 5652/2020 are pending before Central District, Tis Hazari Courts, Delhi. This according to the learned counsel would expedite the disposal of all the matters and would be in the interest of the parties.

5.

Learned counsel appearing on behalf of the Respondent, on instructions, fairly submits that he has no objection to the transfer petition being allowed in the interest of justice of all the parties. 6.

Accordingly, present transfer petition is allowed directing that pending cases bearing Nos. CC NI No. 749/2021 and CT No. 6054/2020 pending before the learned M.M. NI Act (Digital Court), North-West Rohini Courts, Delhi are transferred to the Court of competent jurisdiction in the Central District, Tis Hazari Courts, Delhi. The transferred cases will be listed before the learned District and Sessions Judge, Central District, Tis Hazari Courts, Delhi on 19.02.2024 at 02:00 PM for further allocation and proceedings. Copy of the order shall be sent to both the learned Trial Courts for information and necessary compliance.

7.

Petition along with pending applications stands disposed of. JYOTI SINGH, J JANUARY 23, 2024/shivam TR.P.(CRL.) 27/2022 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:32:34