Manu Electricals Pvt Ltd v. Electra Power Pvt Ltd & ANR

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1844/2014 MANU ELECTRICALS PVT LTD ..... Plaintiff Through: appearance not given versus ELECTRA POWER PVT LTD & ANR ..... Defendant Through: appearance not given This case has been received from the Court of Sh Anil Kumar Sisodia (DHJS), Joint Registrar (Judicial)

CORAM:

DR. SATINDER KUMAR GAUTAM (DHJS), JOINT REGISTRAR (JUDICIAL)

O R D E R

% 26.02.2016 In view of notification no 27187/DHC/Orgl. Dated 24.11.2015 & in exercise of powers conferred by Section 4 of the Delhi High Court (Amendment) Act, 2015 (Act 23 of 2015), which came into force with effect from 26.10.2015 vide Notification No. F. No. L-19015/04/2012-Jus dated 26.10.2015 issued by the Government of India, Ministry of Law, Justice & Company Affairs, published in Gazette of India Extraordinary, Part-II, Section 3 Sub Section (ii), the present matter stands transferred to the jurisdictional subordinate courts.

Defendant No.1 was proceeded ex parte.

Learned counsel for the defendant No.2 submits that the subject matter of the suit property is beyond the territory jurisdiction of Delhi and he has taken the objections in the written statement and further requests that the matter may be placed before the Hon'ble Court to decide the issue of the territorial jurisdiction. Learned counsel for the plaintiff submits that the Hon'ble Court has issued the Summons after considering the issues as raised even though the objections has been taken in the written statement which is subject matter of trial.

Keeping in view of the submission, since the pecuniary jurisdiction is less than two crores with respect to the suit property and the office of the plaintiff is address at East District, the defendant's office outside the territory of Delhi as such requests to send the matter to the Ld District & Session Judge (East District), Karkardooma Court.

Hence, in view of the submission and circumstances, the matter be sent to the Ld District & Session Judge, (East District) Karkardooma Court.

Parties be directed to appear before the Court of Ld District & Session Judge (East District), Karkardooma Court on 25.07.2016. The suit files be made available to the Ld District & Session Judge (East District) at Karkardooma Court on the date fixed. DR. SATINDER KUMAR GAUTAM (DHJS) JOINT REGISTRAR (JUDICIAL) FEBRUARY 26, 2016/SK