← Library
High Court of DelhiTR.P.(C.)/15/2016

Ravikant Rampal v. Yogesh Kohli & ORS

2017-05-03Hon'Ble Ms. Justice Pratibha Rani2 pages

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 15/2016 RAVIKANT RAMPAL ..... Petitioner Through:

Ms.Anjali Chopra, Advocate.

versus YOGESH KOHLI & ORS ..... Respondents Through:

Mr.Shiv Charan Garg, Advocate.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 03.05.2017 1.

This transfer petition has been filed seeking transfer of Suit No.892/2002 titled as Sh.Ravikant Rampal vs. Sh.Somnath Kohli & Anr. and Suit No.896/2002 titled as Somnath Kohli vs. Sh.Yogesh Kohli & Anr., both pending in the Court of Ms.Rachna Tiwari Lakhanpal, learned ASCJ (Central), Delhi to the Court of Mr.S.K.Singh, learned ADJ (West), Delhi where connected case bearing Suit No.86/2012 titled as Sh.Kawal Rani vs. Sh.Yogesh Kohli is pending.

2.

Learned counsel for the petitioner submits that though at the time of filing this transfer petition the two suits i.e. Suit No.892/2002 and Suit No.896/2002 were pending in the Court of Ms.Rachna Tiwari Lakhanpal, ASCJ (Central), Delhi, however, as on date, the said Court being presided over by Ms.Shefali Gupta, ASCJ (Central), Delhi. He further submits that similarly, the Court of Mr.S.K.Singh, learned ADJ (West), Delhi, where Suit No.86/2012 was pending, presently is being presided over by Mr.Vinay Singhal, ADJ (West), Delhi where the above two suits i.e. Suit No.892/2002 and Suit No.896/2002 are sought to be transferred. TR.P.(C.) 15/2016

3.

Learned counsel for the respondent submits that the respondent has no objection if the Suit No.892/2002 and Suit No.896/2002 are transferred to the Court where connected matter i.e. Suit No.86/2012 is pending. However, his no objection is subject to the condition that both the cases should not be consolidated because both the cases are at different stages. 4.

Learned counsel for the petitioner submits that the prayer of the petitioner is not for consolidation of the cases but for trial of all the cases by the same Court.

5.

In view of the submissions made by learned counsel for the parties, Suit No.892/2002 titled as Sh.Ravikant Rampal vs. Sh.Somnath Kohli & Anr. and Suit No.896/2002 titled as Somnath Kohli vs. Sh.Yogesh Kohli & Anr. are withdrawn from the Court of Ms.Shefali Gupta, ASCJ (Central), Delhi and are assigned/transferred to the Court of Mr.Vinay Singhal, ADJ (West), Delhi, where connected case bearing Suit No.86/2012 is pending, for disposal in accordance with law.

6.

The petition is allowed.

7.

Parties are directed to appear before the Court Mr.Vinay Singhal, ADJ (West), Delhi on 21st August, 2017.

8.

Case files of Suit No.892/2002 and Suit No.896/2002 be sent to the transferee Court before 21st August, 2017.

9.

A copy of this order be sent to the courts concerned through concerned District & Sessions Judges and be also given dasti to learned counsel for the parties.

PRATIBHA RANI, J.

MAY 03, 2017/'hkaur'

TR.P.(C.) 15/2016