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High Court of DelhiTR.P.(C.)/109/2017

Saroj v. Sarwan Kumar

2017-08-30Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 109/2017 & CM No.24685/2017 (for condonation of 23 days delay in re-filing the petition) SAROJ ..... Petitioner Through:

Mr. I.J.S. Mehra & Ms. Tabassum, Advs.

Versus

SARWAN KUMAR MOHAN & ANR.

..... Respondents Through:

Mr. Rajesh Pandey, Adv. for R-1&2.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 30.08.2017 1.

This order is in continuation of the order dated 17th July, 2017. 2.

Mr. Rajesh Pandey, Advocate appears for both the respondents and states that a detailed reply to the Transfer Petition has been filed on behalf of both the respondents and denies the averments in the petition, particularly concerning the conduct of the respondent No.1 who is an advocate admittedly of Dwarka Courts. It is also his contention that such request for transfer on earlier occasion has already been declined finding no veracity in the similar averments of the petitioner.

3.

I have also perused the reports requisitioned from the Courts concerned and on perusal of the same, without intending to return any finding on the conduct of which the respondent No.1 has been accused of, it is deemed appropriate to transfer the suit to the District Judge, New Delhi District, Patiala House Courts, New Delhi who is requested to assign the same to appropriate Court.

4.

The petition is thus allowed.

TR.P.(C.) 109/2017

5.

Civil Suit No.10007/2016 titled "Saroj Vs. Sarwan Kumar & Anr." is transferred from the Court of Ms. Niyay Bindu, Senior Civil Judge, South West District, Dwarka District Courts, New Delhi to the Court of District Judge, New Delhi District, Patiala House Courts, New Delhi. 6.

The Senior Civil Judge/District Judge, South-West District, Dwarka Courts, New Delhi is requested to have the file of Civil Suit No.10007/2016 physically transferred forthwith.

7.

The parties to appear before the District Judge/concerned Court, New Delhi District, Patiala House Courts, New Delhi on 23rd October, 2017. RAJIV SAHAI ENDLAW, J AUGUST 30, 2017 „gsr‟..

TR.P.(C.) 109/2017