Bibi Alape Kaur & ORS v. Punchip Associated P Ltd & Others

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 1416/2013 BIBI ALAPE KAUR & ORS ..... Plaintiff Through:

Mr. Dhananjay Mehlawat, Adv.

versus PUNCHIP ASSOCIATED P LTD & OTHERS ..... Defendant Through:

Mr. Sumant De, Adv. with Mr. A.K.

Mehta, Adv. for D-1 to 4 Mr. Vishnu Mehra, Adv. with Ms.

Sakshi Mittal, Adv. for D-5

CORAM:

HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 18.04.2016 In terms of order dated January 29, 2016, on the submission made by the learned counsel for the plaintiff that the amounts deposited pursuant to the order in RFA(OS) 84/2007 and Execution Petition No.33/2012 be also invested in the FDR, if not already done. Two note sheets have been annexed by the Registry; first with regard to RFA(OS) 84/2007 which is at page 107 of the paper book, wherein the noting is as under:- "It is respectfully submitted that all the amount deposited by the appellant in this court in compliance of order passed has already been kept in the mode of FDRs in the safe custody of Deputy Registrar (appellate) and the details of all amount deposited by the appellant in the

above noted case shall be made available as and when required."

In the second note sheet, which pertains to Execution Petition No.33/2012, the following has been stated:- "In view of the aforesaid order, following amounts have been deposited in Ex.P.33/2012 and the same are also converted in FDR. The particulars of the amount so deposited are as follows:- Sl. No.

Amount (in Rs.) Converted into FDR vide Sl. No.

1.

10,94,225/- 2.

28,44,985/- 3.

2,18,845/- 4.

4,37,690/- The plaintiff has filed the suit for declaration. The valuation of the suit is Rs.1,29,11,700/-.

In view of Notification No. 27187/DHC/Orgl. dated 24th November, 2015 & in exercise of power conferred by Section 4 of the Delhi High Court (Amendment) Act, 2015, (Act 23 of 2015), which came into force with effect from 26th October, 2015 vide Notification No. F.No.L19015/04/2012-Jus dated 26th October, 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 is liable to be transferred to the learned District & Sessions Judge, New Delhi District, Patiala House Court, Delhi. Accordingly, the parties to appear before the learned District & Sessions Judge, New Delhi District, Patiala House Court, Delhi on 23rd May, 2016.

V. KAMESWAR RAO, J APRIL 18, 2016/ak