M/S Felex Enterprises Private Ltd v. Mr V. Sreenivas & Another

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1382/2008 M/S FELEX ENTERPRISES PRIVATE LTD ..... Plaintiff Through:

Mr.Vikash Aggarwal & Mr.Karan, Aggarwal, Advs.

versus MR V. SREENIVAS & ANOTHER ..... Defendants Through:

Mr.B.K. Chaudhary, Adv. for D-1

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 01.02.2016 1.

The judgment passed by learned single judge dated 07.09.2009 under Order 37 suit has been set aside by Division Bench of this Court vide judgment dated 19.01.2016 in RFA(OS) 94/2009. 2.

Accordingly, since the subject suit is restored in terms of the judgment dated 19.01.2016, written statement has to be filed in terms of the order of the Division Bench within a period of four weeks of 19.01.2016. Learned counsel for the defendant, however, prays and is granted six weeks time from today to file written statement.

3.

Since this Court does not have pecuniary jurisdiction in view of the Office Order dated 24.11.2015 issued by Hon'ble the Chief Justice in CS(OS) 1382/2008

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, this suit is transferred for decision to the jurisdictional Court under the District & Sessions Judge (New Delhi), Patiala House Courts, New Delhi. 3.

Let parties appear before the District & Sessions Judge (New Delhi), Patiala House Courts, New Delhi on 15th March, 2016. Suit file be made available to the District & Sessions (New Delhi), Patiala House Courts, New Delhi, on the date fixed.

VALMIKI J. MEHTA, J FEBRUARY 01, 2016/hkaur CS(OS) 1382/2008