Arvind Aggarwal & ANR v. Saraswati Mishra & ORS
$-14 to 17 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 833/2015 ARVIND AGGARWAL & ANR Petitioners Through:
Mr.J.P.Sengh, Sr. Advocate with Mr.Ravinder Yadav, Ms.Arti Anupriya, Ms.Sana Ansari and Ms.Vanessa Singh, Advocates versus SARASWATI MISHRA & ORS Respondents Through:
Mr.T.C.Sharma, Advocate for R-1.
AND + CM(M) 836/2015 SURESH KUMAR MANGLA & ANR Petitioners Through:
Mr.J.P.Sengh, Sr. Advocate with Mr.Ravinder Yadav, Ms.Arti Anupriya, Ms.Sana Ansari and Ms.Vanessa Singh, Advocates versus SARASWATI MISHRA & ORS Respondents Through:
Mr.T.C.Sharma, Advocate for R-1.
Ms.Neeru Verma, Advocate for R-3.
AND + CM(M) 837/2015 GURCHARAN SINGH & ANR Petitioners Through:
Mr.J.P.Sengh, Sr. Advocate with Mr.Ravinder Yadav, Ms.Arti Anupriya, Ms.Sana Ansari and Ms.Vanessa Singh, Advocates versus , SARASWATI MISHRA & ORS Respondents Through:
Mr.T.C.Sharma, Advocate for R-1.
By:AMULYA
AND + CM(M) 857/2015 PREM SHANKAR AGGARWAL & ANR ..... Petitioners Through:
Mr.J.P.Sengh, Sr. Advocate with Mr.Ravinder Yadav, Ms.Aiti Anupriya, Ms.Sana Ansari and Ms.Vanessa Singh, Advocates versus SARASWATI MISHRA & ORS Respondents Through:
Mr.T.C.Sharma, Advocate for R-1.
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RANI
ORDER
% 16.10.2015 CMtMl Nos. 833/2015. 836/2015 .
837/2015 & 857/2015 1.
The petitioners are aggrieved by the common order dated 13.07.2015 passed in T.P.Nos.l 13/2014, 114/2014, 112/2014 & 115/2014 whereby their prayer to transfer Civil Suit Nos.27/2014, 26/2014, 73/2014 and 25/2014 pending in the Court of Additional District Judge-07, West District, Delhi to any other Court of competent jurisdiction, has been dismissed by the learned District & Sessions Judge, West District, Delhi.
2.
Notice of the transfer petitions was sent to the respondents. 3.
Sh.T.C.Sharma, Advocate has appeared on behalf of respondent No.l namely Saraswati Mishra, who is the main contesting respondent. Ms.Neeru Varma, Advocate has appeared for respondent No.3 namely Maya Ram in CM(M)No.836/2015.
4.
Mr.J.P.Sengh, learned Senior Counsel for the petitioner submits that CM(M) Nos.833. 836, 837 & 857 of 2015
the allegations made in the transfer petitions are not being pressed by the petitioners. He further submits that the petitioners are equally interested in speedy trial.
5.
Mr.J.P.Sengh, learned Senior Counsel for the petitioners submits that in the interest of justice, the above civil suits may be transferred to any other Additional District Judge, West District, Delhi. 6.
Mr.T.C.Sharma, learned counsel for the respondent No.l namely Saraswati Mishraj who is the main contesting respondent, submits that the allegations made in the transfer petitions are false. However, as the allegations are not being pressed by learned Senior Counsel for the petitioners, he has no objection if Civil Suit Nos.27/2014, 26/2014, 73/2014 and 25/2014 are transferred to any other Additional District Judge, West District, Delhi.
7.
In view of the above submissions, CS No.27/2014 titled as Saraswati Mishra vs. Arvind Aggarwal & Ors., CS No.26/2014 titled as Saraswati Mishra vs. Surender Kumar Mangla & Ors., CS No.73/2014 titled as Saraswati Mishra vs. Gurcharan Singh & Ors. and CS No.25/2014 titled as Saraswati Mishra vs. Prem Shankar Aggarwal & Ors. are withdrawn from the Court of Mr.D.K.Jangla, ADJ (West), Delhi and are assigned to the Court of Mr.Sanjay Kumar, ADJ (West), Delhi for disposal in accordance with law.
tb 8.
Parties are directed to appear before the Transferee Court on 20 October, 2015 at 2.00 p.m.
9.
The parties agree to cooperate for expeditious disposal of the above civil suits.
10.
All the four petitions bearing CM(M) Nos.833/2015, 836/2015, 837/2015 & 857/2015 are allowed.
A copy of this order be sent to the Courts concerned and be also given dasti under the signature of the Court Master to the learned counsel for the parties.
CM No.18671/2015 in CMdVn No.833/2015 CM No.18735/2015 in CM(M) No.836/2015 CM No.18737/2015 in CMfM) No.837/2015 CM No.19405/2015 in CM(MVNo.857/2015 Dismissed.
- lTIBHA RSNITJ.
OCTOBER 16, 2015 'pg'