Shashi Bansal v. Anil Gupta & ANR

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 176/2016 SHASHI BANSAL ..... Petitioner Through:

Ms.Anjali Chopra, Advocate.

versus ANIL GUPTA & ANR ..... Respondents Through:

Mr.Rachna Aggarwal and Mr.Kishal Raj Tater, Advocates for R-1.

Mr.C.P.Vig, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 22.05.2017 CM No.47924/2016 1.

Exemption allowed subject to all just exceptions. 2.

Application is disposed of.

TR.P.(C.) 176/2016 1.

The present transfer petition has been filed by the petitioner praying for transfer of Civil Suit No.273/2015 titled as 'Anil Gupta vs. Shashi Bansal' pending in the Court of Mr.Prashant Kumar, ADJ, North-West District, Rohini Court, Delhi to the Court of Ms.Manjusha Wadhwa, ADJ04, West District, Tis Hazari Court, Delhi where Civil Suit No.11753/2016 titled as 'Jai Prakash Verma vs. Shashi Bansal' filed by respondent No.2 herein is pending.

2.

Notice of the petition was issued to the respondents. 3.

Learned counsel for the petitioner submits that the subject matter of Civil Suit No.273/2015 i.e. the suit property falls with the jurisdiction of West District, hence Civil Suit No.273/2015 may be transferred to the Court TR.P.(C.) 176/2016

of Ms.Manjusha Wadhwa, ADJ-04, West District, Tis Hazari Court, Delhi where Civil Suit No.11753/2016 titled as 'Jai Prakash Verma vs. Shashi Bansal' between the same parties is pending.

4.

Learned counsel as above appearing on behalf of the respondents submit that they have no objection if the prayer of the petitioner is allowed. 5.

In view of the submissions made by learned counsel for the petitioner and no-objection given by learned counsel for the respondents Civil Suit No.273/2015 titled as 'Anil Gupta vs. Shashi Bansal' is withdrawn from the Court of Mr.Prashant Kumar, ADJ, North-West District, Rohini Court, Delhi and assigned/transferred to the Court of Ms.Manjusha Wadhwa, ADJ-04, West District, Tis Hazari Court, Delhi where Civil Suit No.11753/2016 titled as 'Jai Prakash Verma vs. Shashi Bansal' is pending, for disposal in accordance with law.

6.

Parties are directed to appear before the transferee Court on 25th July, 2017.

7.

Case file of Civil Suit No.273/2015 titled as 'Anil Gupta vs. Shashi Bansal' be sent to the transferee Court before 25th July, 2017. 8.

The petition is allowed.

9.

Copy of the order be given dasti to learned counsel for the parties. 10.

A copy of this order be also sent to the Courts concerned through concerned District & Sessions Judge.

CM No.47923/2016 Dismissed as infructuous.

PRATIBHA RANI, J.

MAY 22, 2017 'st'

TR.P.(C.) 176/2016