Sanjay Jain & ANR v. State & ORS

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 25/2016 SANJAY JAIN & ANR ..... Petitioners Through : Mr. Neeraj Kumar Jha, Adv.

versus STATE & ORS ..... Respondents Through : Dr. A. N. Aggarwala, Adv. with Ms. Swaralipi Deb Roy, Advs.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 02.06.2016 The present petition under Section 407 of Code of Criminal Procedure, 1973 prays as follows:- " i. Pass necessary orders and directions thereby withdrawing and transferring all the four Revisions bearing Crl. Rev. Nos.29/2015; 120/2015; 121/2015 and 209/2015 to one court, ii. Pass any other order or directions that this Hon'ble court may deem fit and proper in the facts and circumstances of the case in favour of the petitioner."

Learned counsel appearing on behalf of the respondent nos.2 & 3 states that he does not oppose the relief prayed for in the present transfer petition. In the present petition, it is observed that there are four proceedings, inter se, pending between the parties, which are as under:-

1. Crl. Rev. No.120/2015 titled as Sanjay Jain Vs. Blue Line Finance Pvt. pending before the Court of Shri Rajiv Mehra, Learned ASJ (Central), Tis Hazari Courts, Delhi.

2. Crl. Rev. No.121/2015 titled as Sanjay Jain Vs. M/s. Indo Jatalia Holdings Ltd. pending before the Court of Shri Rajiv Mehra, Learned ASJ (Central), Tis Hazari Courts, Delhi.

3. Crl. Rev. No.29/2015 titled as Rajiv Jain Vs. Blue Line Finance Ltd.

pending before the Court of Shri Rajiv Mehra, Learned ASJ (Central), Tis Hazari Courts, Delhi.

4. Crl. Rev. No.209/2015 titled as Rajiv Jain Vs. Indo Jatalia Holdings Ltd. pending before the Court of Shri Sanjay Jaindal, Learned ASJ (West), Tis Hazari Courts, Delhi.

A perusal of the above chart reveals that the first three of the above-listed proceedings, between the parties to the present transfer petition, are pending adjudication before the Court of Shri Rajiv Mehra, Learned ASJ (Central), Tis Hazari Courts, Delhi, however, the fourth proceeding, Crl. Rev. No.209/2015 titled as "Rajiv Jain Vs. Indo Jatalia Holdings Ltd." is pending before the Court of Shri Sanjay Jaindal, Learned ASJ (West), Tis Hazari Courts, Delhi. In view of the foregoing, there is no manner of doubt in my mind that it would be expedient, in the interest of justice, and for the convenience of the parties, if Crl. Rev. No.209/2015 titled as "Rajiv Jain Vs. Indo Jatalia Holdings Ltd."

, pending before Shri Sanjay Jaindal, Learned ASJ (West), Tis Hazari Courts, Delhi is transferred to the Court of Shri Rajiv Mehra, Learned ASJ (Central), Tis Hazari Courts, Delhi where the other three proceedings namely (1) Crl. Rev. No.120/2015 titled as Sanjay Jain Vs. Blue Line Finance Pvt. (2) Crl. Rev. No.121/2015 titled as Sanjay Jain Vs. M/s. Indo Jatalia Holdings Ltd. and (3) Crl. Rev. No.29/2015 titled as Rajiv Jain Vs. Blue Line Finance Ltd. are already pending adjudication. Directed accordingly.

With the above directions, the present transfer petition is disposed of. SIDDHARTH MRIDUL, J JUNE 02, 2016/dk