The British India Corporation Ltd v. M/S Runeecha Enterprises & Another

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ EX.P. 252/2009 THE BRITISH INDIA CORPORATION LTD ..... Decree Holder Through:

Mr. Shiv Khorana, Adv.

versus M/S RUNEECHA ENTERPRISES & ANOTHER ..... Judgement Debtors Through:

Mr. S.Kashyap, proxy counsel for Mr.

S.K.Pandey, Adv.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 28.01.2016 1.

Since the decree which is sought to be executed was passed by the competent court at Kanpur, and on the date of filing of the execution petition, the amount sought to be recovered was less than Rs.2 crore, and therefore, in view of the judgment of a learned Single Judge of this Court in the case of Pearey Lal and Sons (Pvt.) Ltd. Vs. Jamuna Properties (P) Ltd. & Ors. AIR 2004 Delhi 126, this Court would not have jurisdiction to entertain the execution petition which has to be transferred to the concerned jurisdictional court.

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 14th March, 2016. Suit file be made available to the District & Sessions Judge (South East), Saket Courts, New Delhi, on the date fixed.

VALMIKI J. MEHTA, J JANUARY 28, 2016 ib