M/S Bharat Enterprises v. Kenabraz Trading Company Pvt Ltd & Others

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CS(OS) 3207/2012 M/S BHARAT ENTERPRISES ..... Plaintiff Through:

Ms. Shelly Dutta, Advocate with Mr.K.K. Singh, Advocate.

versus KENABRAZ TRADING COMPANY PVT LTD & OTHERS.... Defendants Through:

Ms. H. Hnunpuh, Advocate for defendant No.1.

Mr. Dinkar Kumar, Advocate for defendant No.3.

CORAM:

HON'BLE MR. JUSTICE VALMIKI J. MEHTA

O R D E R

% 15.02.2016 1.

Though counsel for the plaintiff states that she has instructions to withdraw the suit, counsel for the defendant no.1 however strongly opposes the unconditional withdrawal of the suit and she states that suit should be dismissed with costs.

2.

I cannot pass any effective order as this suit has to be transferred to the District Court on account of lack of pecuniary jurisdiction of this Court.

3.

An Office Order dated 24.11.2015 has been issued by Hon'ble CS(OS) No.3207/2012

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. Accordingly, subject to the above, this suit is transferred for decision to the jurisdictional Court under the District & Sessions Judge (South East) Saket Courts, New Delhi. 4.

Let parties appear before the District & Sessions Judge (South East) Saket Courts, New Delhi on 30th 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 FEBRUARY 15, 2016 Ne CS(OS) No.3207/2012