Ansal Housing Construction Ltd v. M/S Power House Health Club India And ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 1190/2018 ANSAL HOUSING CONSTRUCTION LTD ..... Plaintiff Through:

Mr. Attin Shankar Rastogi and Ms.

Rinky Khubani, Advs.

Versus

POWER HOUSE HEALTH CLUB INDIA AND ORS .....Defendants Through:

Mr. G.S. Arora, Adv. for D-1&2.

Mr. Somesh Chandra Jha, Adv. for D-3.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 05.02.2020 1.

This order is in continuation of the earlier orders dated 10th December and 20th December, 2019.

2.

The counsel for the plaintiff states that the plaintiff, pursuant to the order dated 20th December, 2019, has filed the originals of the documents at pages 67 and 73 of Part III-A file, referred to in paragraph 5 of the order dated 20th December, 2019.

3.

However the original documents are not on record and are reported to have been returned under objection, showing that the neglect in pursuing the suit continues.

4.

The counsel for the plaintiff states that the suit claim being for recovery of Rs.1,00,33,372/-, pursuant to the enhancement in the minimum pecuniary jurisdiction of this Court, the suit is liable to be transferred to the CS(COMM) 1190/2018

District Judge.

5.

The plaintiff is given last opportunity to have the documents stated to be filed and lying under objection, placed on the record of the suit file by 7th February, 2020, failing which the plaintiff shall not be entitled to have the said documents placed on record.

6.

The counsel for the defendants No.1&2 and the counsel for the defendant No.3 have not opposed the transfer of the suit. 7.

The suit is ordered to be transferred to the Court of the District Judge, District New Delhi, Patiala House Courts, New Delhi and the suit file be transmitted after 7th February, 2020 to the Court of District Judge, District New Delhi, Patiala House Courts, New Delhi.

8.

List before the Additional District Judge/District Judge, District New Delhi, Patiala House Courts, New Delhi on 16th March, 2020. 9.

The parties are directed to appear on that date. If any of the party/ies defaults in appearance, no court notice would be required to be sent to such party/ies and consequential orders shall follow. RAJIV SAHAI ENDLAW, J.

FEBRUARY 05, 2020 „bs‟..

CS(COMM) 1190/2018