Anil Bhatia v. Ajay Bhatia & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 157/2017 ANIL BHATIA ..... Petitioner Through:

Mr Prateek Gangwani, proxy counsel.

versus AJAY BHATIA & ORS ..... Respondents Through:

Mr Arun Vohra, Advocate for R-1.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 24.04.2019 1.

The petitioner has filed the present petition, inter alia, praying that the suit pending before Patiala House Court - Suit No. 58982/2016 captioned "Ajay Bhatia v. Anil Bhatia & Ors." - be transferred to this Court.

2.

It is stated that although the claim made by the petitioner (respondent no.1 herein) with regard to his share alleged in joint property is valued at ₹1 Crore (being one-fourth of ₹4 crores). The counter claim filed by the petitioner herein is in respect of the properties valued at ₹6 crores. In view of the valuation of the counter claim, the petitioner prays that the suit in question be transferred to this Court. 3.

The learned counsel appearing for respondent no.1 (plaintiff in this suit) has no objection if the prayer is granted. 4.

Since it appears that the value of the counter claim exceeds the

pecuniary jurisdiction of the District Court, the present petition is allowed.

5.

The concerned Court is directed to transfer the files of Suit No. 58982/2016 captioned "Ajay Bhatia v. Anil Bhatia & Ors." to this this Court. The Registry shall re-number the suit on receipt of the files from the concerned District Court and list the same before the concerned Court on 08.08.2019.

6.

It is clarified that all rights and contentions of the parties regarding the subject dispute are reserved.

VIBHU BAKHRU, J APRIL 24, 2019 RK