Shri Rajesh Kumar Gupta v. Oyester Constro Care Pvt Ltd & ORS

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 3139/2015 & I.As. 21952/2015 AND 12367/2016 SHRI RAJESH KUMAR GUPTA ..... Plaintiff Through: Mr. Pawan Kumar, Advocate.

versus OYESTER CONSTRO CARE PVT LTD & ORS ..... Defendants Through: Mr. Vishwendra Verma, Advocate with Ms. Shivali, Advocate.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 07.12.2018 Present suit has been filed for recovery of Rs.1,04,96,394.37/-. I.A. 12367/2016 has been filed by the defendants under Section 10 of the Code of Civil Procedure for stay of the present suit on the ground that the defendants had filed a prior suit for recovery being CS 260/2016 pending before Mr. Sonu Agnihotri, Additional District Judge (South-East), Saket Court, New Delhi.

It is pertinent to mention that the Saket Court has the pecuniary and territorial jurisdiction to try the present suit. Consequently, Registry is directed to transfer the present suit to the Court of Mr. Sonu Agnihotri, Additional District Judge (South-East), Saket Courts, New Delhi, who in turn, is directed to try the same as counter-claim in the said suit.

With the aforesaid direction, I.A. 12367/2016 stands disposed of. Parties are directed to appear before Mr. Sonu Agnihotri, Additional District Judge (South-East), Saket Courts, New Delhi, on 18th January, 2019. MANMOHAN, J DECEMBER 07, 2018 js