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High Court of DelhiTR.P.(C.)/157/2016

Hdfc Bank Ltd v. Adarsh Trading Company & ANR

2017-10-23Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~14 & 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI TR.P.(C.) 156/2016 HDFC BANK LTD ..... Petitioner Through:

Ms. Vridhi Sharma, Advocate versus JAY TRADERS & ORS ..... Respondents Through:

None + TR.P.(C.) 157/2016 HDFC BANK LTD ..... Petitioner Through:

Ms. Vridhi Sharma, Advocate versus ADARSH TRADING COMPANY & ANR ..... Respondents Through:

None

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 23.10.2017

1. These petitions under Section 24 of the Code of Civil Procedure, 1908 (CPC) seeks transfer of (1). Civil Suit no. 78293/16 titled HDFC BANK LTD. VS. JAY TRADERS AND OTHERS; and (2). Suit No. 578292/16 titled "

HDFC BANK LTD. VS. ADARSH TRADING COMPANY AND ANOTHER" both pending in the Court of Sh. Prashant Kumar, ADJ, North West, Rohini, New Delhi to the Court of Ms. Vandana Chauhan, ADJ-15, Central District, Tis Hazari Courts, Delhi, where CS No. 12275/16 titled "HDFC BANK LTD VS. KARTIK MARBLES & GRANITE & ORS", and CS No. 15381/16 titled "HDFC BANK LTD. VS. RAJ METALS TRADERS AND OTHERS", are stated to be pending. It is stated

that all the four suits arise out of the same transaction, though the beneficiaries are different.

2.

Notice of the petition was ordered to be issued and remains un-served.

3. However, the counsel for the petitioner has filed affidavit of service of all the respondents in both petitions and there is no reason to doubt the counsel for the petitioner.

4. None appears for the respondent.

5.

The respondents are proceeded against ex parte. 6.

For the reason given, the petitions are allowed. The suits aforesaid are ordered to be transferred as sought.

7. The transferor Court is requested to forthwith physically transfer the file. 8.

The parties to appear before the transferee Court on 26th October, 2017, when the suits already listed before that Court are stated to be listed.

9. The counsel for the petitioner to inform the counsel for the respondents of today‟s order.

10. The petitions are disposed of.

RAJIV SAHAI ENDLAW, J OCTOBER 23, 2017 P..