M/S Kundan Rice Mills Ltd v. M/S Takamol Industries Pvt Ltd & Another

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) No.1416/2016 KUNDAN RICE MILLS LTD ..... Plaintiff Through:

Mr. Prithu Garg, Adv.

versus TAKAMOL INDUSTRIES PVT LTD & ANOTHER ..... Defendants Through:

Mr. Yogesh K. Chandna, Adv. for D-1.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 16.03.2017 IA No.656/2017 (of the plaintiff under Order VI Rule 17 of the CPC). 1.

The counsel for the defendants states that he has no objection to the amendment being allowed.

2.

As observed on the last date, the suit is at initial stage and the amendment sought to the plaint has to be allowed. 3.

The application is accordingly allowed and disposed of. CS(COMM) No.1416/2016.

4.

The amended plaint is taken on record.

5.

The counsel for the plaintiff states that as per the amended plaint the valuation of the suit for the purpose of court fees and jurisdiction is below the minimum pecuniary jurisdiction of this Court and the suit has to be transferred to the subordinate courts.

6.

The counsel for the defendants has no objection. 7.

On perusal of the plaint, the valuation thereof is indeed found to be below the minimum pecuniary jurisdiction of this Court. CS(COMM) No.1416/2016

8.

The suit is accordingly transferred to the District Judge, New Delhi, Patiala House Courts, New Delhi within whose jurisdiction the office of the plaintiff is situated; both the defendants are situated in Haryana, outside Delhi.

9.

The parties to appear before the Additional District Judge/District Judge, New Delhi, Patiala House Courts on 21st April, 2017. 10.

The defendants to on that date file written statement to the amended plaint.

RAJIV SAHAI ENDLAW, J MARCH 16, 2017 'pp'..

CS(COMM) No.1416/2016