Saroj v. Sarwan Kumar & ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 178/2017 SAROJ ..... Petitioner Through:

Mr. I.J.S. Mehra, Ms. Tabbassum, Advocates versus SARWAN KUMAR & ANR ..... Respondent Through:

None

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 17.11.2017 CM No. 41242/2017 (exemption) 1.

Allowed subject to just exceptions.

2.

The application is disposed of.

TR.P.(C.) 178/2017 3.

Transfer, invoking Section 24 of the Code of Civil Procedure, 1908 (CPC), is sought of Suit No.108/2016 titled Ritu Kapila vs. Saroj Jain @ Sweety of the Court of Sh. Mohd. Farrukh, Additional District Judge, Dwarka Courts, New Delhi to the court of Sh. Sushant Changotra, ADJ, Patiala House Courts, New Delhi where another litigation between the parties is stated to be pending.

4.

I have, vide order dated 30th August, 2017 in Transfer Petition No.109/2017 titled Saroj vs. Sarwan Kumar Mohan & Another, already transferred another Suit between the same parties and also pending in Dwarka District Courts to the New Delhi District, Patiala House Courts for TR.P.(C.) 178/2017

the reason of the conduct of the respondent No.1, an advocate admittedly of Dwarka Courts.

5.

In this view of the matter, need to issue notice of this petition is not felt.

6.

The petition is allowed. The Suit aforesaid is ordered to be transferred to New Delhi District, Patiala House Courts.

7.

The Transferor Court is requested to forthwith physically transfer the file.

8.

The transferred Suit be listed in the Court of Additional District Judge, New Delhi District, Patiala House Courts on 12th January, 2018. 9.

The counsel for the petitioner also seeks consolidation of the Suits between the parties.

10.

The same is not in the domain of Section 24 of the CPC and it will be open to the petitioner to seek the said relief before the appropriate court. 11.

The petition is disposed of.

RAJIV SAHAI ENDLAW, J NOVEMBER 17, 2017 Pk..

TR.P.(C.) 178/2017