M/S Rash Enterprises v. M/S Som Distilleries & Breweries Ltd. Ca+

$~9.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) No.1061/2004 & IA No.7747/2008 (under Order VII Rule 11 CPC).

M/S RASH ENTERPRISES ..... Plaintiff Through:

Ms. Noopur Singhal, Adv.

Versus

M/S SOM DISTILLERIES & BREWERIES LTD. ..... Defendant Through:

Mr. Vishal Saxena, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 18.10.2016 1.

The counsels for the parties state that though there is a stay of proceedings in the present suit vide order dated 20th February, 2009 of the Supreme Court in SLP (C) No.17487/2008 titled Rash Enterprises Vs. Som Distilleries & Breweries Ltd. but as per Office Order dated 24th November, 2015 of Hon'ble the Chief Justice in exercise of powers under Section 4 of the Delhi High Court (Amendment) Act, 2015 the suit being for recovery of Rs.27,94,910.00 with interest is to be transferred to the subordinate courts. 2.

The proceedings pending before the Supreme Court arising out of this suit and the order dated 20th February, 2009 do not come in the way of transfer of the suit to the subordinate courts. 3.

The defendant has its office at Safdarjung Enclave Extension, New Delhi - 110 029 falling, according to the counsel for the defendant, within the territorial jurisdiction of District (South). The counsel for the defendant confirms that the address of the office of the defendant does not fall within the jurisdiction of District (South-East).

CS(OS) No.1061/2004

4.

Accordingly the suit is transferred to the court of the District Judge (South), Saket Courts Complex, New Delhi. The file be sent. 5.

The parties to appear before the Additional District Judge/District Judge (South), Saket Courts Complex, New Delhi on 8th December, 2016. RAJIV SAHAI ENDLAW, J.

OCTOBER 18, 2016 'pp'..

CS(OS) No.1061/2004