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High Court of DelhiTR.P.(C.)/87/2018

Sushil Marwah v. Rajesh Kumar Gupta

2019-05-15Joint Registrar (Judicial) Sh. Ravinder Singh (Dhjs)2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 87/2018 SUSHIL MARWAH ..... Petitioner Through Mr Deepak Dhingra, Advocate.

versus RAJESH KUMAR GUPTA ..... Respondent Through Mr Ashok Chhabra, Advocate.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 15.05.2019 1.

The petitioner has filed the present petition, inter alia, praying that that the suit bearing no. CS (OS) 89/2017 pending before the Court of Learned ADJ, Rohini Court, Delhi be transferred to this Court. 2.

The petitioner states that the said suit relates to a collaboration agreement entered into with the respondent for development of the property bearing No. 14, Engineers Enclave, Pitampura, New Delhi-110034. He states that the petitioner has also filed two other suits (CS (OS) 2337/2014 and CS (OS) 3714/2014) and the disputes involved in those suits are also in respect of the same property and in connection with the same collaboration agreement. The said suits are pending before this Court. 3.

The learned counsel appearing for the petitioner has also drawn the attention of this Court to an order dated 03.02.2017 passed in TR. P. (C) 20/2016 captioned Smt Sushil Marwah v. Shri Rajesh Kumar Gupta, whereby CS (OS) 2337/2014 was directed to be transferred to this Court for

being heard and tried along with CS (OS) 3714/2014. 4.

The learned counsel appearing for the respondent fairly states that he has no objection if the said suit bearing No. 89/2017 is withdrawn to this Court. He, however, submits that the same should not prejudice the respondent's contention in any manner.

5.

Since it is not disputed that some of the issues as raised in the aforesaid suits may be interrelated, this Court directs that the suit bearing no. CS (OS) 89/2017 pending before the Court of learned ADJ, Rohini Court, New Delhi be withdrawn to this Court. It is further clarified that all contentions of the parties are reserved.

6.

The parties are directed to appear before the concerned J.R. (Judicial) on 11.07.2019.

7.

The petition is disposed of.

VIBHU BAKHRU, J MAY 15, 2019 pkv