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High Court of DelhiTR.P.(C.)/153/2017

Padam Garg & ORS v. Harish Chander & ORS

2017-09-13Hon'Ble Mr. Justice Rajiv Sahai Endlaw2 pages

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 153/2017 PADAM GARG & ORS ..... Petitioners Through:

Mr. Gurkamal Hora Arora & Mr.

Arjun Sehgal, Advs.

Versus

HARISH CHANDER & ORS ..... Respondents Through:

Ms. Dalveer Kaur, Adv.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 13.09.2017 CM No.33540/2017 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

TR.P.(C.) 153/2017 & CM No.33539/2017 (for stay) 3.

Transfer in exercise of powers under Section 24 of the Code of Civil Procedure, 1908 (CPC) is sought of case No. ARBTN/0000278/2017 titled "Padam Garg & Ors. Vs. Harish Chander & Ors." pending in the Court of Sh. Pooran Chand, Additional District Judge (ADJ), South-East District, Saket Courts, New Delhi to the Court of Sh. S.S. Rathi, ADJ, New Delhi District, Patiala House Courts, New Delhi where case No.

ARBTN/0004503/2017 titled "Harish Chander (now deceased) through LRs & Ors. Vs. Padam Garg & Ors." is pending.

4.

The counsel for the respondents appears on advance notice. 5.

Both proceedings aforesaid are informed to be under Section 34 of the Arbitration & Conciliation Act, 1996 and with respect to the same arbitral award. TR.P.(C.) 153/2017

6.

The petition is allowed.

7.

The case No. ARBTN/0000278/2017 titled "Padam Garg & Ors. Vs. Harish Chander & Ors." pending in the Court of Sh. Pooran Chand, Additional District Judge (ADJ), South-East District, Saket Courts, New Delhi stated to be listed on 6th December, 2017 is ordered to be transferred to the Court of Sh. S.S. Rathi, ADJ, New Delhi District, Patiala House Courts, New Delhi before whom case No. ARBTN/0004503/2017 titled "Harish Chander (now deceased) through LRs & Ors. Vs. Padam Garg & Ors." stated to be listed next on 6th October, 2017 is pending. 8.

The parties to appear in the Court of Sh. S.S. Rathi, ADJ, New Delhi District, Patiala House Courts, New Delhi on 6th October, 2017. 9.

The learned ADJ, South-East District, Saket Courts, New Delhi is requested to physically transfer the file forthwith. 10.

The petition is disposed of.

RAJIV SAHAI ENDLAW, J SEPTEMBER 13, 2017 „gsr‟..

TR.P.(C.) 153/2017