Tata Aig General Insurance Co. Ltd & ANR. v. Container Corporation Of India Ltd

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 360/2008 TATA AIG GENERAL INSURANCE CO. LTD & ANR. ..... Plaintiffs Through:

Mr. Arbaaz Hussain, Advocate.

versus CONTAINER CORPORATION OF INDIA LTD ..... Defendant Through:

Mr. Rishi Aggarwala, Advocate for defendant No.2.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 21.01.2016 O.A. No.175/2015 1.

This O.A. is filed against the order dated 17.11.2014 closing the right of the plaintiffs to lead further evidence after PW-1 was examined and cross-examined. A reference to the order sheets before passing of the order on 17.11.2014 shows that some adjournments are on behalf of the plaintiffs whereas various other adjournments are on account of defendants. Therefore, in the facts of the present case, it is deemed fit that plaintiffs be given exactly two more opportunities to complete their evidence and if these two opportunities are not utilized, right of the plaintiffs to lead evidence will be deemed to be closed. These two opportunities to the plaintiffs are CS(OS) No.360/2008

however given subject to payment of costs of Rs.7,500/- to each of the defendants and which costs shall be paid before leading further evidence by the plaintiffs.

O.A. stands disposed of.

+ CS(OS) No.360/2008 2.

An Office Order dated 24.11.2015 has been issued by Hon'ble the Chief Justice in exercise of powers conferred by Section 4 of the Delhi High Court (Amendment) Act, 2015, whereby ordinary suits which are not commercial matters having pecuniary jurisdiction up to the value of rupees two crores cannot be tried by this Court and commercial matters up to the value of rupees one crore cannot be tried by this Court. Accordingly, this suit is transferred for decision to the jurisdictional Court under the District & Sessions Judge (South East), Saket Courts, New Delhi. 3.

Let parties appear before the District & Sessions Judge (South East), Saket Courts, New Delhi on 9th March, 2016. Suit file be made available to the District & Sessions Judge(South East), Saket Courts, New Delhi on the date fixed.

VALMIKI J. MEHTA, J JANUARY 21, 2016/Ne CS(OS) No.360/2008