High Court of DelhiCS(OS)/1704/2009

Akhtar Parvez v. Sh. Shamshuddin

2016-02-05Joint Registrar (Judicial) Sh. Anil Kumar Sisodia (Dhjs)6 pages

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 1704/2009 AKHTAR PARVEZ ..... Plaintiff Through versus SH. SHAMSHUDDIN ..... Defendant Through:

Mr. Jabbar Hussain and Mr. Nitin Devgun, Advocates.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 05.02.2016 IA.No. 14474/2015 (delay of 50 days in filing O.A) For the reasons stated in the application delay of 50 days in filing the O.A is allowed. I.A stands disposed of.

O.A.No. 278/2015 (against order dated 20.4.2015) 1.

There is no ground for closing the right of the defendant to crossexamine the plaintiff's witnesses inasmuch as PW-1 was already being cross-examined when the order dated 20.4.2015 was passed, and which cross-examination was not complete and as per the counsel for the defendant he will take only four more opportunities for completion of crossexaminations of all the PWs. It is made clear that no further opportunities CS(OS) 1704/2009

will be granted to complete the cross-examinations of all the P.Ws. O.A is disposed of with the aforesaid observations. CS(OS) 1704/2009 2.

Since this Court does not have pecuniary jurisdiction in view of the Office Order dated 24.11.2015 issued by Hon'ble the Chief Justice in exercise of powers conferred by Section 4 of the Delhi High Court (Amendment) Act, 2015, whereby ordinary suits which are not commercial matters having pecuniary jurisdiction up to the value of rupees two crores cannot be tried by this Court and commercial matters up to the value of rupees one crore cannot be tried by this Court, this suit is transferred for decision to the jurisdictional Court under the District & Sessions Judge (South East), Saket Courts, New Delhi. 3.

Let parties appear before the District & Sessions Judge (South East), Saket Courts, New Delhi on 21st March, 2016. Suit file be made available to the District & Sessions Judge (South East), Saket Courts, New Delhi, on the date fixed. 4.

Counsel for the defendant will, by a communication in writing, inform the plaintiff as also his counsel of the next date fixed before the District and Sessions Judge.

VALMIKI J. MEHTA, J FEBRUARY 05, 2016/ib CS(OS) 1704/2009