Yogendra Kumar Zonsa v. Ashok Sharma & ORS.

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 170/2023 and CM APPL. 54114/2023 YOGENDRA KUMAR ZONSA .....Petitioner Through:

Mr.Rahul Sagar Sahay, Mr.Raghav Rajmalani and Mr.Prince Kr. Singh, Advocates.

versus ASHOK SHARMA & ORS.

.....Respondents Through:

Mr.Bhupinder Mehtani, Advocate for R-1 & 2. (Through VC) with Ms.Kritika Mehtani and Mr.Siddharth Mehtani, Advocates.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 22.11.2024 1.

Heard learned counsel appearing on behalf of the parties. 2.

The instant petition under Section 24 read with Section 151 of the Civil Procedure Code, 1908 has been filed by the petitioner seeking transfer of Arbtn. Case No.16/2020 titled as "Sh. Ashok Sharma & Anr. v Sh. Yogender Kumar Zonsa & Ors" pending before the Court of learned ADJ01, (East), Karkardooma Courts, Delhi to the Court of Ld. ADJ-05, Central, Tis Hazari Courts, Delhi.

3.

The facts of the case would indicate that award dated 13.06.2017 came to be passed in favour of the present petitioner and against some of the parties. Against the award dated 13.06.2017, some of the respondents The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

instituted proceedings under Section 34 of the Arbitration & Conciliation Act, 1996 [the Act] before the Court of ADJ-01, (East), Karkardooma Court, Delhi, whereas, other aggrieved parties instituted similar proceedings before the Court of ADJ-05, Central, Tis Hazari Courts, Delhi. 4.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is the contesting party and has to attend both the proceedings to defend the award which was passed in his favour. He also submits that the proceedings under Section 34 of the Act in both the Courts are at the stage of arguments. Furthermore, he contends that under the facts of the present case, it would be in the interest of justice to transfer the proceedings pending before the Karkardooma Courts, Delhi to the, Tis Hazari Courts, Delhi for analogous hearing.

5.

The aforesaid submission is vehemently opposed by learned counsel appearing on behalf of the respondents.

6.

The Court takes note of the fact that the property in question is situated within the jurisdiction of Tis Hazari Courts, Delhi and the execution proceedings are also pending before the same Court. 7.

Moreover, it is also observed that the proceedings initiated by the respondents herein under Section 34 of the Act appear to have been filed only on the basis of the residence of the Arbitrator which is situated in the jurisdiction of the Karkardooma Courts. However, it is also pertinent to note that the principal Arbitrator had been appointed by this Court. 8.

Keeping in mind the facts involved in the instant case and similitude of the nature of proceedings pending in both Courts, this Court finds that it would be appropriate to transfer the Arbtn Case no. 16/2020 which is pending before the Court of ADJ-01, (East), Karkardooma Courts, Delhi to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Court of ADJ-05, Central, Tis Hazari Courts, Delhi. The same would better serve the interest of justice.

9.

Accordingly, the instant petition is disposed of along with the pending application.

PURUSHAINDRA KUMAR KAURAV, J NOVEMBER 22, 2024 Nc/mjo The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.