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High Court of DelhiO.M.P. (COMM)/421/2017

Delta Mechcons (India) Ltd. v. North Eastern Electric Power Corporation Ltd.

2024-12-23Hon'Ble Ms. Justice Manmeet Pritam Singh Arora3 pages

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P. (COMM) 421/2017 DELTA MECHCONS (INDIA) LTD.

.....Petitioner Through:

Ms. Kavya Sarin, Advocate.

Mr. Puneet Singh Bindra, Advocate versus NORTH EASTERN ELECTRIC POWER CORPORATION LTD. .....Respondent Through:

Mr. Ramesh Kumar, Mr. Ashutosh Prakash, Advocates.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 23.12.2024 1.

Ms. Kavya Sarin, enters appearance on behalf of the petitioner. She states that she has filed the Vakalatnama vide e-diary number 6187919/2024.

2.

Mr. Puneet Singh Bindra, learned counsel for the petitioner seeks liberty of this Court to be discharged in view of the engagement of a new counsel.

3.

In view of the engagement of new counsel, vakalatnama of Mr. Puneet Singh Bindra is discharged.

4.

Learned counsel for the respondent relies upon the order dated 19.11.2024 passed in Transfer Petition (C) No. 2362/2024 by the Supreme Court and seeks issuance of appropriate directions to the registry. The order reads as under:- "IN THE SUPREME COURT OF INDIA O.M.P. (COMM) 421/2017 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CIVIL ORIGINAL JURISDICTION Transfer Petition (C) No. 2362/2024 M/S DELTA GLOBAL ALLIED LTD.

...PETITIONER

VERSUS

NORTH EASTERN ELECTRIC POWER CORPORATION LTD. (NEEPCO) RESPONDENT

ORDER

Learned counsel appearing for the respondent states that the respondent, North Eastern Electric Power Corporation Ltd. (NEEPCO), has no objection to the prayer made in the present transfer petition.

In view of the facts and circumstances mentioned in the present case and the order dated 03.05.2024 of this Court in "M/s Delta Mechcons (India) Ltd. vs. North Eastern Electric Power Corporation Ltd. (NEEPCO)", refusing to interfere with the judgment and order passed by the High Court of Meghalya at Shilong, the proceedings in OMP (Comm.) No. 421/2017, titled "M/s Delta Mechcons (India) Ltd. vs. North Eastern Electric Power Corporation Ltd. (NEEPCO)", pending before the High Court of Delhi are directed to be transferred to the Commercial Court, East Khasi Hills District, Shilong, Meghalya. Records of the case would be immediately transferred to the transferee court.

To cut short delay, parties are directed to appear before the transferee court on 09.01.2025. In case there is non-appearance on behalf of any party on the date fixed by this Court, notice would be issued by the transferee court to the defaulting party.

Recording the aforesaid, the present transfer petition is allowed. Pending application(s), if any, shall stand disposed of. ..........CJI (SANJIV KHANNA) J.

(SANJAY KUMAR) NEW DELHI O.M.P. (COMM) 421/2017 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

NOVEMBER 19,2024"

5.

Learned counsel for the petitioner also joins the said request. 6.

Accordingly, the Registry is directed to take steps for transferring the records of this petition to the Commercial Court East Khasi Hills Shillong, District- Shillong, Meghalaya expeditiously on or before 27.01.2025 and the petitioner is directed to render assistance to the Registry for the same. 7.

In view of the fact that the Courts are closed in Shilong for winter vacation till 25.01.2025, with the consent of the parties, the date fixed i.e. 09.01.2025 falls during vacation and would be ineffective. Accordingly, parties are directed to appear before Commercial Court East Khasi Hills Shillong, District- Shillong, Meghalaya on 03.02.2025. 8.

The petition stands disposed of accordingly alongwith pending applications, if any.

9.

website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J DECEMBER 23, 2024/mr/ms Click here to check corrigendum, if any O.M.P. (COMM) 421/2017 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.