High Court of DelhiTR.P.(CRL.)/90/2019

S. Sarabjit Singh Bhutani v. State & ANR

2020-02-28Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 90/2019 S. SARABJIT SINGH BHUTANI ..... Petitioner Through:

Mr.C.C.Gupta, Advocate

Versus

STATE & ANR.

..... Respondents Through:

Mr. Tarang Srivastava, Additional Public Prosecutor for the respondent No.1/State Mr. Sidharth Narang & Mr.Reepanshu Gupta, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 28.02.2020 Vide this petition, transfer of case CC No. 710/1/2019, titled as "Anil Kapoor Vs. Sarabjit Singh", pending before the Court of Ms.Ekta Gauba, ACMM (NW), Rohini District Courts, Delhi to the court of Sh. Sachin Gupta, MM, Rohini District Courts, Delhi where the other case being CC No. 109/1/10, titled as S. Sarabjit Singh & Ors. S. Malkit Singh & Ors.' is pending, is sought.

Learned counsel for respondent No.2 has opposed this petition on the ground that parties to both the complaints are different and facts of the case have no bearing on each other.

TR.P.(CRL.) 90/2019

Learned counsel for petitioner submits that though the parties to the complaints are different but the both the complaints pertain to one property and, therefore, adjudication of one case will have a strong bearing on another and, therefore, in the interest of justice, both these matters should be tried by one court.

Heard.

In view of the fact that the subject matter of dispute pertains to one property in question and in order to avoid conflicting decisions, it would be in the interest of justice if both the cases are tried by one court. Let the parties appear before learned District & Sessions Judge, Rohini District Courts, Delhi on 31st March, 2020 for assigning the case CC No. 710/1/2019, titled as "Anil Kapoor Vs. Sarabjit Singh", pending before the Court of Ms. Ekta Gauba, ACMM (NW), Rohini District Courts, Delhi to the court of Sh. Sachin Gupta, MM, Rohini District Courts, Delhi, for hearing along with CC No. 109/1/10, titled as S. Sarabjit Singh & Ors. S. Malkit Singh & Ors.

Let a copy of this order be sent to the concerned trial courts for compliance.

The petition stands disposed of with aforesaid directions. Dasti.

BRIJESH SETHI, J FEBRUARY 28, 2020 r TR.P.(CRL.) 90/2019