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High Court of DelhiTR.P.(C.)/60/2017

Abhay Tyagi v. Bses Yamuna Power Limited

2017-04-17Hon'Ble Ms. Justice Pratibha Rani2 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 60/2017 ABHAY TYAGI ..... Petitioner Through:

Mr.Fanish K.Jain, Advocate.

versus BSES YAMUNA POWER LIMITED ..... Respondent Through:

Mr.Shagun Trisal, Advocate

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 17.04.2017 CM No.13896/2017 1.

Exemption allowed subject to all just exceptions. 2.

Application is disposed of.

TR.P.(C.) 60/2017 1.

The present transfer petition has been filed by the petitioner seeking transfer of Civil Suit No.216/2017 titled as 'Sh.Abhay Tyagi vs. BSES Yamuna Power Ltd.' presently pending in the Court of Sh.Sonu Agnihotri, ADJ-02, South-East District, Saket, Delhi to the Special Court (Electricity), North-East District, Karkardooma, Delhi.

2.

Learned counsel for the petitioner submits that since the dispute in Civil Suit no.216/2017 pertains to an inspection carried out at premises No.36/8, Zulfe Bengal, Dilshad Garden Industrial Area, New Delhi which falls within the jurisdiction of PS Dilshad Garden in North-East District, hence the Special Court (Electricity), North-East District, Karkardooma, TR.P.(C.) 60/2017

Delhi established under Electricity Act, 2003 has the territorial jurisdiction to try and entertain the said suit. He prays for transfer of Civil Suit No.216/2017 titled as 'Sh.Abhay Tyagi vs. BSES Yamuna Power Ltd.' presently pending in the Court of Sh.Sonu Agnihotri, ADJ-02, South-East District, Saket, Delhi to the Special Court (Electricity), North-East District, Karkardooma, Delhi.

3.

Learned counsel for the respondents submits that he has no objection if the prayer of the petitioner is allowed and Civil Suit No.216/2017 titled as 'Sh.Abhay Tyagi vs. BSES Yamuna Power Ltd.' presently pending in the Court of Sh.Sonu Agnihotri, ADJ-02, South-East District, Saket, Delhi is transferred to the Special Court (Electricity), North-East District, Karkardooma, Delhi.

4.

In view of the above submissions made by learned counsel for the parties, Civil Suit No.216/2017 titled as 'Sh.Abhay Tyagi vs. BSES Yamuna Power Ltd.' is withdrawn from the Court of Sh.Sonu Agnihotri, ADJ-02, South-East District, Saket, Delhi and is assigned/transferred to the Special Court (Electricity), North-East District, Karkardooma, Delhi for disposal in accordance with law.

5.

Parties are directed to appear before the transferee Court on 15th May, 2017.

6.

The petition stands disposed of in above terms. 7.

Copy of the order be given dasti to learned counsel for the parties. A copy of this order be also sent to the Courts concerned. PRATIBHA RANI, J.

APRIL 17, 2017/'st'

TR.P.(C.) 60/2017