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High Court of DelhiCS(OS)/835/2011

Sushil K Thakur v. Anil K Thakur & ORS

2016-01-14Hon'Ble Mr. Justice Valmiki J. Mehta2 pages

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 835/2011 SUSHIL K THAKUR ..... Plaintiff Through:

Mr. Jatin Mongia, Advocate.

versus ANIL K THAKUR & ORS ..... Defendants Through:

Mr. Jeevan Kumar Singh, Advocate for defendant No.1.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 14.01.2016 1.

Pendency of an application for contempt, and which is not an application under Sections 11 and 12 of the Contempt of Courts Act, 1971 inasmuch as the application will have to be treated under Order 39 Rule 2A of Code of Civil Procedure, 1908 (CPC) because it alleges violation of an order passed in an interim application, is not a ground not to transfer the suit in view of the judgment of this Court in the case of Govind Sarda Vs. Sartaj Hotels Apartments and Villas Pvt. Ltd. and Ors. 130 (2006) DLT 460. 2.

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 CS(OS) No.835/2011

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, Patiala House Courts, New Delhi. 3.

Let parties appear before the District & Sessions Judge, Patiala House Courts, New Delhi on 2nd March, 2016. Suit file be made available to the District & Sessions Judge, Patiala House Courts, New Delhi on the date fixed.

VALMIKI J. MEHTA, J JANUARY 14, 2016 Ne CS(OS) No.835/2011