Huawei Telecommunications (India) Co. Pvt. Ltd. v. M/S Arun Industries

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 125/2024, CM APPLs. 43131/2024, 49210/2024, & 49421/2024 HUAWEI TELECOMMUNICATIONS (INDIA) CO. PVT. LTD. .....Petitioner Through:

Ms.Sumitra Choudhary, Ms.Nitya Sharma and Ms.Jasmine Sheikh, Advs.

versus M/S ARUN INDUSTRIES .....Respondent Through:

Mr.Apoorv Kurup and Ms.Gauri Goburdhun, Advs for R-1/UGC.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 23.10.2024 1.

Having heard learned counsel appearing for the respective parties, the Court takes note of the fact that Civil Suit No.479/2023 is pending before the Court of Mr. Ajay Kumar Jain, District Judge Commercial, which is at the stage of final arguments whereas, Civil Suit No.478/2023 is at the stage of framing of issues.

2.

Section 24 of the Code of Civil Procedure empowers the Court to transfer matters from one Court to another based on reasonable grounds. However, it is apparent that the Court has to exercise due rigor before exercising the said power taking note of the essential legal provisions and conducting a thorough examination of facts, including balance of equities of the parties before directing the transfer of cases. 2.

In light of the aforesaid observation, the Court is unable to exercise its The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/10/2024 at 12:04:29

power under Section 24 of the CPC, 1908 keeping in mind the irreconcilable stages of the cases and accordingly, the instant petition along with pending applications stands dismissed.

PURUSHAINDRA KUMAR KAURAV, J OCTOBER 23, 2024/MJ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/10/2024 at 12:04:29