Gian Praksh v. M/S Finii Designs & Interiors Pvt Ltd

$~7 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 44/2019 & CM No. 17633/2019 GIAN PRAKSH ..... Petitioner Through:

Mr S. C. Sagar, Advocate.

versus M/S FINII DESIGNS & INTERIORS PVT LTD ..... Respondent Through:

Mr Shoumik Dutta, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.05.2019 1.

The petitioner has filed the present petition, inter alia, praying that the suit captioned 'M/s Finii Designs & Interiors Pvt. Ltd.' and bearing CS(COMM.) 66/2018, be transferred from the Court of learned ADJ-02, Rohini to the Court of learned ADJ, Patiala House Courts, New Delhi. 2.

The petitioner states that the said suit is for the recovery of a sum of ₹4,82,700/- on account of certain renovation work, including interior decoration and designing services etc. rendered in respect of Duplex Flat No.9455, Block-C, Pocket-I, Vasant Kunj, New Delhi. The petitioner further states that two other suits being CS No.800/2018, captioned 'Sunil Kumar v. M/s Finni Designs & Interior (P) Ltd. & Anr' and CS No.199/2019 captioned 'Gian Prakash Sagar v. M/s Finni Designs & Interiors Pvt. Ltd', are pending before the Court of learned ADJ, Patiala House Courts, New Delhi.

3.

It is not disputed that all the above three suits relate to the works

pertaining to duplex flat bearing no. No.9455, Block-C, Pocket-I, Vasant Kunj, New Delhi. It is also not disputed that the controversy involved in the present suit is somewhat similar to the one in the other two suits. 4.

However, the learned counsel appearing for the respondent objects to the relief sought in the present petition on the ground that the respondent's office (plaintiff in the suit) is within the jurisdiction of the Courts at Rohini. 5.

The said contention is not persuasive. Admittedly, certain aspects of the controversy in the three suits are common. Further, the property in question relating to which the contract was entered into, is also located within the jurisdiction of Courts at Patiala House Court. In view of the above, the present petition is allowed and the suit bearing no. CS(COMM.) 66/2018 captioned 'M/s Finii Designs & Interiors Pvt. Ltd.' is transferred to the Court of the learned ADJ, Patiala House Courts, New Delhi. The pending application is also disposed of.

6.

The parties are directed to appear before the concerned Court on 03.06.2019.

7.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J MAY 17, 2019 MK