M/S A.K. Mehta & Co v. Delhi Development Authority

$~5 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 2468/2008 & CC 80/2009 M/S A.K. MEHTA & CO ..... Plaintiff Through:

Mr. Sandeep Sharma with Mr. Aman Dhyani & Mr. Amit Chaudhary, Advs.

versus DELHI DEVELOPMENT AUTHORITY ..... Defendant Through:

Ms. Geeta Mehrotra, Adv. for DDA.

+ CS(OS) 2369/2008, IA Nos.13777/08(u/O.XXXIX R-1 & 2 CPC) & 13778/2008 (u/S.80(2) CPC) M/S A.K. MEHTA & CO ..... Plaintiff Through:

Mr. Sandeep Sharma with Mr. Aman Dhyani & Mr. Amit Chaudhary, Advs.

versus DELHI DEVELOPMENT AUTHORITY ..... Defendant Through:

Ms. Geeta Mehrotra, Adv. for DDA.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 25.02.2019 1.

The suit bearing CS(OS) 2468/2008 is ripe for final hearing. 2.

The counsel for the plaintiff points out that the aforesaid suit is for recovery of Rs.1,07,24,478/- only and is liable to be transferred to the Subordinate Court.

CS(OS) 2468/2008 & CS(OS) 2369/2008

3.

The counsels for the parties point out that there is another suit filed by the same plaintiff against the same defendant for recovery of about same amount and which is also liable to be transferred. 4.

On enquiry, the number of that suit is disclosed as CS(OS) No.2369/2008 and it is stated that the said suit is pending for evidence of the defendant.

5.

File of CS(OS) No.2369/2008 has been requisitioned. 6.

Both the suits are transferred to the Court of District Judge, South, Saket Courts, New Delhi which according to the counsel for the plaintiff has jurisdiction.

6.

The parties to appear before the District Judge (South)/Additional District Judge to whom the suit is marked, on 8th April, 2019.

7.

The Registry to ensure that the file of both the suits are received by the Transferee Court well before the date. 8.

The next date of 1st April, 2019 before the Joint Registrar in CS(OS) 2369/2008 is cancelled.

RAJIV SAHAI ENDLAW, J FEBRUARY 25, 2019 Ak..

CS(OS) 2468/2008 & CS(OS) 2369/2008