Sh. R.N. Jhanwar v. M/S Unitech Machines Ltd.

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 169/2008 & IA.No.20882/2013 (u/S 151 of CPC) SH. R.N. JHANWAR ..... Plaintiff Through: Ms. Mansi Ajmani, Adv. for Mr. Pradeep Gupta, Adv.

versus M/S UNITECH MACHINES LTD.

..... Defendants Through: Mr. Neeraj Grover, Adv for Mr. Dhanesh Relan, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 31.08.2016 1.

The counsel for the plaintiff states that the valuation of the present suit is less than the enhanced minimum pecuniary jurisdiction of this Court and this suit in accordance with Office Order dated 24th November, 2015 of Hon'ble the Chief Justice in exercise of powers under Section 4 of the Delhi High Court (Amendment) Act, 2015 is liable to be transferred to the District Court.

2.

A perusal of the plaint shows the suit to be for recovery of Rs.80 lakhs with interest and for declaration that the invocation by the defendant of the Bank Guarantee was illegal, the suit has been valued for Rs.80 lakhs only.

3.

The counsel for the defendant No.1 is informed to be held up in a traffic jam and has communicated through his colleague that nothing remains in the suit because of the arbitration award. CS(OS) 169/2008

4.

The counsel for the plaintiff disagrees.

5.

All the aforesaid questions have to be considered before the Court of appropriate pecuniary jurisdiction.

6.

The plaintiff has given his address of Faridabad and of the defendant of Lado Sarai, New Delhi.

7.

Accordingly, the suit has to be sent to the District Court having jurisdiction over the place of office/residence of the defendants and accordingly this suit is transferred to the Court of District Judge, (South), Saket, New Delhi.

8.

The parties to appear before Additional District Judge / District Judge (South), Saket Courts Complex, New Delhi on 24th October, 2016. RAJIV SAHAI ENDLAW, J AUGUST 31, 2016 M..

CS(OS) 169/2008