Palmland Hospitality Pvt Ltd v. M/S Dadhimati Constructions Pvt Ltd

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 66/2018 PALMLAND HOSPITALITY PVT LTD ..... Petitioner Through:

Mr Adarsh Priyadarshi and Mr Birender Bhatt, Advocates.

versus M/S DADHIMATI CONSTRUCTIONS PVT LTD ..... Respondent Through:

Mr Abhay Anand and Mr Dheeraj Kumar, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 19.07.2019 1.

The petitioner has filed the present petition, inter alia, praying that suit bearing No. CS(OS) 162/2016 captioned "Palmland Hospitality Pvt. Ltd. v. M/s Dadhimati Constructions Pvt. Ltd." which is pending before the learned ADJ, South-East, Saket Courts Complex be withdrawn and transferred to this Court.

2.

The petitioner had filed a suit claiming damages arising out of the contract between the parties. He states that the respondent had also filed a suit (M/s Dadhimati Constructions Pvt. Ltd. v. The Muse Sarovar Portico and Ors.: CS(OS) 869/2015) seeking recovery in respect of the said contract. It is not disputed that both the suits involved certain common issues. 3.

In view of the above, the petition is allowed and the suit CS(OS) 162/2016 captioned "Palmland Hospitality Pvt. Ltd. v. M/s Dadhimati

Constructions Pvt. Ltd." is withdrawn from the Court of learned ADJ, South-East, Saket Courts Complex to be tried alongwith M/s Dadhimati Constructions Pvt. Ltd. v. The Muse Sarovar Portico and Ors.: CS(OS) 869/2015.

4.

The parties are directed to appear before the Joint Registrar (Judicial) on 13.08.2019.

VIBHU BAKHRU, J JULY 19, 2019 RK