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High Court of DelhiTR.P.(C.)/165/2017

Ankit Sahai v. Neelam Sethi & ANR

2017-12-13Hon'Ble Mr. Justice R.K.Gauba2 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 165/2017 ANKIT SAHAI ..... Petitioner Through:

Mr. Jagjit Singh, Advocate versus NEELAM SETHI & ANR ..... Respondents Through:

Mr. Sanjeev Sahay, Mr. Aditya Sharma, Adv. for R1 Mr. Sahil Ahuja, Adv. for R2

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 13.12.2017 Though the application at hand invoking the jurisdiction of this Court under Section 24 of the Code of Civil Procedure, 1908 refers to three cases, focus may be only on two of them; one being CS(OS) No.142/2017 instituted by the applicant in this Court against the opposite party impleaded as defendants with the prayer for specific performance of collaboration agreement dated 20th November, 2013 qua property No. C-26, Geetanjali Enclave, New Delhi and, the other being, CS(OS) No.4018/2014 which was earlier instituted by the respondents in the District Courts where the applicant herein is a defendant, the prayer being for cancellation of the said collaboration agreement, it being presently pending on the file of the Court of Sh.Preetam Singh, Addl. District Judge (South), Saket Courts Complex, New Delhi.

Since both the Suits arise out of the same agreement and the parties T.R.P.(C) 165/2017

are common, it is appropriate that they are heard by the same Court. In these circumstances, the aforementioned Civil Suit pending on the file of the Addl. District Judge is hereby withdrawn from the said court and transferred unto this Court to be taken up by the appropriate bench on the Original Side of this Court alongside the other Suit instituted by the plaintiff. The transferer Court is directed to make over the file to this Court fixing an appropriate date for the parties to appear. The petition is disposed in the aforesaid terms. R.K.GAUBA, J DECEMBER 13, 2017 pk T.R.P.(C) 165/2017