Hdfc Bank Ltd. v. Karik Marbles & Granite & ORS.

$~1 & 3 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ HDFC BANK LTD.

..... Plaintiff Through:

Mr. Rishab Raj Jain, Advocate.

versus KARIK MARBLES & GRANITE & ORS.

..... Defendants Through:

Mr. Gaurav Gupta, Adv. for D-4 & 6.

Mr. M.Ghosh, Adv. for Mr. Sandeep Bajaj, Adv. for D-9.

Mr. Amit Mahajan, Adv. for D-11.

Mr. Anil Yadav, Adv. for D-13.

+ CS(COMM) 166/2016 HDFC BANK LTD.

..... Plaintiff Through:

Mr. Rishab Raj Jain, Advocate.

versus RAJ METALS TRADERS & ORS.

..... Defendants Through:

Mr. Prasoon Kr. Adv. for D-2.

Mr. Pradeep Verma, Adv. for D-5.

Mr. Amit Yadav, Adv. for D-6.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 28.03.2016 1.

Though the Joint Registrar has recorded that these are commercial disputes, the Joint Registrar has not referred to which is the Sub-Section of Section 2(1)(c) of the Commercial Courts, Commercial

Division and Commercial Appellate Division of High Courts Act, 2015 as per which the subject matter of the present suits will be commercial disputes. Though present suits are filed by the plaintiff-Bank, it is seen that commercial disputes under Section 2(1)(c)(i) of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 pertain to ordinary transactions of bankers whereas the present suits do not pertain to ordinary transactions of bankers but pertain to fraudulent withdrawal of monies as per the causes of action stated in the plaints.

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 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, these suits are transferred for decision to the jurisdictional Court under the District & Sessions Judge (Central), Tis Hazari Courts, Delhi.

3.

Let parties appear before the District & Sessions Judge (Central), Tis Hazari Courts, Delhi on 6th May, 2016. Suit files be made available to the District & Sessions Judge (Central), Tis Hazari Courts, Delhi on the date fixed.

The District and Sessions Judge is requested to allocate both the suit files before the same transferee court. VALMIKI J. MEHTA, J MARCH 28, 2016 ib