Karam Chand v. Harwinder Singh

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EX.P. 107/2011 KARAM CHAND ..... Decree Holder Through:

Mr. Salman Khurshid, Senior Advocate with Mr. Abhishek Puri, Advocate.

versus HARWINDER SINGH ..... Judgement Debtor Through:

Mr. Divjyot Singh, Advocate with Ms. Avsi Malik, Advocate for M/s Cutting Edge Infrastructure Pvt. Ltd.

Mr. Suman Kapur, Advocate for objector no.2.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 27.01.2016 1.

The judgment and decree of which execution is sought in this execution petition was passed by the High Court of Himachal Pradesh at Shimla dated 26.09.2010. Decree of which execution is sought was passed for a sum of Rs.1.05 crores alongwith interest @ 9% per annum pendente lite and future.

2.

The execution petition was filed in December, 2010/January, 2011 and on which date the amount due in the execution proceedings would not be excess of Rs.2 crores. This Court would have jurisdiction to execute Ex.P.No.107/2011

the decree below Rs.2 crores only if decree was passed by this Court in view of the judgment of a learned Single Judge of this Court in the case of Pearey Lal and Sons (Pvt.) Ltd. Vs. Jamuna Properties (P) Ltd. & Ors. AIR 2004 Delhi 126.

3.

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) Saket Courts, New Delhi. 4.

Let parties appear before the District & Sessions Judge (South) Saket Courts, New Delhi, on 11th March, 2016. Suit file be made available to the District & Sessions Judge (South) Saket Courts, New Delhi on the date fixed.

VALMIKI J. MEHTA, J JANUARY 27, 2016 Ne Ex.P.No.107/2011