Paramjit Singh Chopra & ORS v. M/S Maples Corporate Services Pvt Ltd & ORS

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + EX.P. 80/2014 PARAMJIT SINGH CHOPRA & ORS ..... Decree Holder Through:

Mr. Bhuvan Gugnani, Adv. with Ms. Nupur Mantoo, Adv.

versus M/S MAPLES CORPORATE SERVICES PVT LTD & ORS ..... Judgement Debtor Through:

Nemo.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 20.02.2017 1.

Heard. Perused.

2.

Order dated 02.11.2016 of the learned Single Judge passed in TR.P.(C) No.117/2016, Bimla Aggarwal vs. M/s. Gupta International & Ors., will not assist the execution petitioner/decree holder in the present proceedings in resisting the transfer on the ground of change of pecuniary jurisdiction for several reasons which include the fact that the order being referred pertains to transfer of a pending suit, the additional and prime factors being that the decree which is sought to be executed here was passed in 2012 on a civil suit instituted in 2011 whereas the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 came into existence in 2015 only.

3.

Having regard to the value of the relief sought in the suit for which the decree under execution was passed, the execution petition is transferred to the District Courts.

EX.P. 80/2014

4.

The learned counsel for the decree-holder agrees that the jurisdiction would lie with the court of District Judge (South-East) at Saket Court Complex. Thus, the execution petition is transferred to the District Judge (South-East) at Saket Court Complex for further proceedings in accordance with law.

5.

The learned District Judge (South-East) may retain the execution petition on her own board or allocate it to any Additional District Judge under her control within her discretion.

6.

The parties shall appear before the transferee court on 16.03.2017. 7.

Registry to send the file well in time to the transferee court. R.K.GAUBA, J.

FEBRUARY 20, 2017/vk EX.P. 80/2014