Swift Securitas (P) Ltd v. Delhi Msw Solutions Ltd & ANR

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 215/2018 SWIFT SECURITAS (P) LTD ..... Petitioner Through Mr.Arun Mehta, Adv. with Mr.Ankit Gutpa, Adv.

versus DELHI MSW SOLUTIONS LTD & ANR ..... Respondents Through None.

CORAM:

HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 26.11.2018 1.

The learned counsel for the petitioner submits that the civil suit for recovery was filed by the petitioner before the learned District & Sessions Judge, North District, Rohini. He referred to para 6 of the plaint mentioning 'the cause of action has arisen within the jurisdiction of this Hon'ble Court as the bills used to be submitted at the office of the defendant at Model Town, part services were being provided there and other parts of Delhi and the on account payment used to be released from the said office of the defendant'.

2.

He contends that due to a mistake of the Registry, the plaint was put up before the Court of District & Sessions Judge, North West District, who had assigned the same to the Court of Sh.Sunil Chaudhary, ADJ-03, North West District, Rohini. He points out that notice of the suit so far has not been issued to the defendant.

3.

Admittedly, since the area of Model Town falls within the jurisdiction of District and Sessions Judge, North District, the said civil suit being Suit No.1045/2018 is hereby ordered to be transferred from the court of Sh. Sunil Chaudhary, ADJ-03, North West District, Rohini to the District and Sessions Judge, North District.

4.

The petition is disposed of accordingly. Dasti. VINOD GOEL, J.

NOVEMBER 26, 2018 'jitender'