Saroj v. Sarwan Kumar & ANR

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 162/2017 SAROJ ..... Petitioner Through:

Mr. I.J.S. Mehra & Ms. Tabbassum Firdause, Advs.

Versus

SARWAN KUMAR & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 10.10.2017 CM No.36282/2017 (for exemption) 1.

Allowed, subject to just exceptions.

2.

The application is disposed of.

TR.P.(C.) 162/2017 3.

Transfer, in exercise of powers under Section 24 of the CPC, is sought of Suit No.CSDJADJ/17785/16 titled "Sarwan Kumar Vs. Saroj @ Sweety" pending in the Court of Ms. Rajrani Mitra, Additional District Judge (ADJ)- 04, South-West, District, Dwarka Courts, New Delhi to any of the District Courts at Delhi or New Delhi pleading that the respondent, an advocate, practising at Dwarka Courts causes harassment to the petitioner. 4.

The petitioner earlier also had filed Transfer Petition (Civil) No.109/2017 for transfer of another suit between the same parties from Dwarka Courts, New Delhi on the same grounds. Notice of the said petition was issued and a report sought from the Court in which that suit was pending as well as from the District Judge, South-West, Dwarka Courts, TR.P.(C.) 162/2017

New Delhi. Vide subsequent order dated 30th August, 2017, the said transfer petition was allowed and the suit subject matter thereof was transferred from South-West District, Dwarka Courts, New Delhi to New Delhi District, Patiala House Courts, New Delhi.

5.

In view of the aforesaid, need to repeat the process or to issue notice to the respondent is not felt.

6.

The petition is allowed.

7.

Suit No.CSDJADJ/17785/16 titled "Sarwan Kumar Vs. Saroj @ Sweety" pending in the Court of Ms. Rajrani Mitra, Additional District Judge (ADJ)-04, South-West, District, Dwarka Courts, New Delhi is ordered to be transferred to District Judge, New Delhi District, Patiala House Courts, New Delhi.

8.

The Court of ADJ-04, South-West District, Dwarka Courts, New Delhi and the District Judge, South-West District, Dwarka Courts are requested to have the file of the transferred suit physically transferred forthwith.

9.

The parties to appear before the ADJ/District Judge, New Delhi District, Patiala House Courts, New Delhi in the transferred suit on 29th November, 2017.

10.

The petition is disposed of.

RAJIV SAHAI ENDLAW, J OCTOBER 10, 2017 „gsr‟..

TR.P.(C.) 162/2017