Sh Indubhai C Patel & ORS v. Bharat Yatra Trust & ORS

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C) 22/2016 SH INDUBHAI C PATEL & ORS ..... Petitioners Through:

Mr.G.Tushar Rao, Mr.Mayank Sharma, Advs.

versus BHARAT YATRA TRUST & ORS ..... Respondents Through:

Mr.Ajay K. Agarwal, Adv. for D-1.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 27.04.2016 1.

The transfer petition is misconceived. Copy of the plaint was not filed with this transfer petition. Counsel for the petitioners has shown the copy of the plaint. Copy of the plaint shows that suit is for injunction against the respondent no.2. The suit under Section 92 CPC for relief of injunction against respondent no.2 to restrain respondent no.2 from acting as a trustee of the trust.

4.

Respondent no.2 is residing at Vasant Kunj and therefore, suit has been rightly transferred to the transferee court under the District & Sessions Judge (South-West) Dwarka Courts. The present transfer petition is therefore misconceived because the suit has rightly been transferred as per Section 20 CPC where the respondent no.2 resides at Vasant Kunj.

5.

The transfer petition stands dismissed.

VALMIKI J. MEHTA, J APRIL 27, 2016/neelam