High Court of DelhiTR.P.(C.)/78/2016

M/S Capital Transformers Pvt Ltd v. Delhi Power Company Ltd

2017-03-03Hon'Ble Mr. Justice Jayant Nath2 pages

$~A-33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 78/2016 and CM No. 25503/2016 M/S CAPITAL TRANSFORMERS PVT LTD ..... Petitioner Through Mr.Ashu Mahajan and Mr.Karan Arora, Advocates.

versus DELHI POWER COMPANY LTD ..... Respondent Through Ms.Rashmi Chopra and Ms.Asiya, Advocates.

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 03.03.2017 The present transfer petition is filed under Section 24 CPC seeking transfer of Arbitration No.

41/2016 titled as "DPCL vs.

Capital Transformers" pending in the court of Sh.Talwant Singh, District Judge, Karkardooma Courts, Delhi to be tried along with OMP No. 245/2015 titled as "Capital Transformers vs. DPCL" which is pending adjudication before Sh.Manish Yaduvanshi, ADJ, Delhi, Tis Hazari Courts (now in the court of Mr.Naresh Kumar Malhotra, ADJ-06 (Central), Tis Hazari Courts). Learned counsel for the petitioner states that the issues and the facts are common in both the matters and it would be in the interest of justice, that the said maters are heard together.

Learned counsel appearing for the respondent submits that they have no objection to the transfer.

Accordingly, the present transfer petition is allowed. Arbitration No. 41/2016 titled as "DPCL vs. Capital Transformers" pending in the court of Sh.Talwant Singh, District Judge, Karkardooma Courts, Delhi is transferred to be tried along with OMP No. 245/2015 titled as "Capital Transformers vs. DPCL" which is pending adjudication before Sh.Manish Yaduvanshi, ADJ, Delhi, Tis Hazari Courts (now in the court of Mr.Naresh Kumar Malhotra, ADJ-06 (Central), Tis Hazari Courts). Parties to appear before the concerned court on 13.04.2017. In view of the above, the present petition and all pending applications stand disposed of.

JAYANT NATH, J MARCH 03, 2017 rb