Devika Mehta v. Suresh Nanda & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 75/2019 & CM Appln. No.25416/2019 DEVIKA MEHTA ..... Petitioner Through Mr. Sanjoy Ghose, Mr. Atul T. N., Mr. Akshay, and Ms. Urvi Mohan, Advs.

versus SURESH NANDA & ANR ..... Respondents Through Mr. Sandeep Kapur, Mr. Gudipati G.

Kashyap, Mr. Shivek Trehan and Mr.

Vivek Suri, Advs. for R1.

Mr. Ankit Anandraj Shah, Adv. for R2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 28.05.2019 1.

The petitioner has filed the present petition, inter alia, praying that Suit bearing No.57123/2016, captioned Devika Mehta v. Suresh Mehta & Ors., be transferred to the Court of Sh. Sumit Dass, ADJ, Karkardooma Court, Delhi. The principal reason stated in the present petition for seeking transfer is that Sh. Sumit Dass, ADJ, had heard an application of the petitioner at length on several dates.

The orders in this regard were also reserved and were put up for pronouncement on more than one occasion but were not be pronounced for one reason or the other. 2.

Mr. Ghose, the learned counsel for the petitioner submits that Sh.

Sumit Dass, ADJ, was transferred to Karkardooma Courts, Delhi and if the matter is to be heard by the current incumbent then there would be a significant delay in deciding the petitioner's application. 3.

This Court is not persuaded to transfer the matter for essentially two reasons. First, that the matter had been last heard by Sh. Sumit Dass, ADJ on 10.01.2019 and considerable time has since elapsed. Thus, in any event, the arguments may have to be heard again. Second, that the apprehension of the petitioner that there would be significant delay can be allayed by directing the concerned court to hear the petitioner's application as expeditiously as possible.

4.

This Court is informed that the matter is now listed before the learned ADJ on 16.07.2019.

The concerned court is requested to commence the hearing of the petitioner's application on that date and conclude the hearing as expeditiously as possible and in any event, within a period of four weeks from the said date.

The learned counsel appearing for the respondents have undertaken that the respondents will not seek an adjournment. 5.

The petition is disposed of with the aforesaid observations. The pending application also stands disposed of.

VIBHU BAKHRU, J MAY 28, 2019 DR