High Court of DelhiCS(OS)/73/2008

Shri Shivraj Gupta & ORS. v. The Registrar Of Societies & ANR.

2016-02-03Hon'Ble Mr. Justice Valmiki J. Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 73/2008 SHRI SHIVRAJ GUPTA & ORS.

..... Plaintiffs Through:

Mr. Vikas Dhawan and Mr. S. Panda, Advocates.

versus THE REGISTRAR OF SOCIETIES & ANR.

..... Defendants Through:

Ms. Divya Kapur and Ms. Manjira Dasgupta, Adv. for D-2.

Mr. A.K.Chhabra and Ms. Simran K.

Paul, Adv. for D-2,6,13.

Mr. Dinesh Madan, Adv. for D-4 and 5.

Mr. J.S.Garkal, Adv. for D-7 and 8.

Mr. B.B.Mahajan, Adv. for D-9,11 & 12.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 03.02.2016 O.A.No.486/2015 (against order dated 2.11.2015) 1.

In view of the stand taken by two of the three legal heirs of the defendant no.3 and who are already defendant nos. 4 and 5 in the suit that the estate of defendant no.3 need not be represented in this suit where no reliefs are claimed against the estate of defendant no.3, accordingly, this O.A is not pressed, however, it is observed that defendant nos. 4 and 5 at

their own risk do not want the estate of the deceased defendant no.3 to be represented inasmuch as, as per the prayer clauses made in the plaint, today no reliefs are claimed against the estate of deceased defendant no.3. O.A is disposed of accordingly.

CS(OS) 73/2008 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 (Central) Tis Hazari Courts, Delhi. 3.

Let parties appear before the District & Sessions Judge (Central) Tis Hazari Courts, Delhi on 17th March, 2016. Suit file be made available to the District & Sessions Judge (Central) Tis Hazari Courts, Delhi, on the date fixed. VALMIKI J. MEHTA, J FEBRUARY 03, 2016 ib