Cec International Corporation (India) Pvt Ltd v. Sanjay Kumar Goyal

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 114/2018 CEC INTERNATIONAL CORPORATION (INDIA) PVT LTD ..... Petitioner Through Mr Kunal Kher, Advocate.

versus SANJAY KUMAR GOYAL ..... Respondent Through None.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 26.04.2019 1.

None appears for the respondent, despite service of notice. 2.

The petitioner has filed the present, inter alia, praying as under:- "To allow the present Petition and transfer and clubbed together the suits pending before respective Courts i.e. CS No. 1750 of 2016 and pending adjudication before ADJ- 02, Shadara District, Karkardooma Courts, Delhi and ADJ-03, (North West), Rohini Courts, Delhi being C.S.No.595 of 2016 to one District Court having competent jurisdiction;"

3.

It is stated that the case bearing CS no. 1750/2016 which is pending before the learned ADJ-02, Shahdara District, Karkardooma Courts, Delhi, arises out of the employment relationship between the petitioner and respondent. It is stated that the petitioner has filed the said suit for permanent injunction and for recovery of ₹50 lakhs against the respondent.

The respondent, on the other hand, has filed a suit (Suit No. 595/2016) which is pending before learned ADJ-03, North West, Rohini Courts, Delhi. It is apparent from the averments that both the suits arise from the contractual relationship between the parties. It is also pointed out that the respondent resides at Patparganj and, therefore, it would be convenient for him to attend the hearings in courts in Karkardooma Court Complex. 4.

In view of the above, the present petition is allowed and the suit bearing No. CS 595/2016 is directed to be transferred to the Court of Learned ADJ, Shahdara District, Karkardooma Courts which in seisin of CS No. 1750/2016.

5.

List before the concerned Court (ADJ, Shahdara District) on 27.05.2019.

6.

The petition is disposed of.

VIBHU BAKHRU, J APRIL 26, 2019 pkv