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High Court of DelhiTR.P.(C.)/33/2016

Capt Avinash Chander Malhotra v. Arun Kumar & ANR

2016-03-11Hon'Ble Ms. Justice Indermeet Kaur2 pages

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 33/2016 CAPT AVINASH CHANDER MALHOTRA ..... Petitioner Through Mr. Parwash Piyush and Mr. Vaibhav Dabas, Advocates versus ARUN KUMAR & ANR ..... Respondents Through None

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 11.03.2016 CM. APPL.No. 9006/2016 (exemption) Exemption is allowed subject to just exceptions. Application disposed of.

TR.P.(C.) 33/2016 The order passed by the District & Sessions Judge (South) dated 27.02.2016 has been noted. Learned District & Sessions Judge had noted that the property being located in South East District, the jurisdiction would accordingly be at South East District and not in South District. Since the District and Sessions Judge did not have powers to issue order of transfer this petition has now been listed before this Court.

In view of the notification No. 27187/DHC/Orgl. dated 24.11.2015 this suit stands transferred to the Court of learned District

and Sessions Judge within the jurisdiction of South East District. Parties to appear before the South East District on 29.03.2016 who shall deal with the matter himself / herself or assign it to any other Court of competent jurisdiction. Learned counsel for the petitioner undertakes to inform the counsel for the non-applicant / defendants of the next date of hearing.

Needless to state that the competent authority shall issue court notices to the parties if so required.

Petition disposed of.

INDERMEET KAUR, J MARCH 11, 2016 gb