High Court of Punjab and HaryanaTA/943/2018allowed

Sat Narayan Bansal v. Dev Bhushan Gupta And Others

2019-01-17Mr. Justice Harminder Singh Madaan2 pages

T.A. No. 943 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH T.A. No. 943 of 2018 DATE OF DECISION :- January 17, 2019 Sat Narayan Bansal ...Applicant

Versus

Dev Bhushan Gupta and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Sudhir Aggarwal, Advocate for the applicant. Mr. Akshay Jindal, Advocate for respondent no. 5. *** By way of filing the present application, applicant Sat Narayan Bansal seeks transfer of Civil Appeal titled as 'Sat Narayan Bansal Vs. Dev Bhushan Gupta and others' pending before District Judge, Faridabad to the Court of competent jurisdiction at Gurgaon mainly for the reason that real brother of respondent No. 1 Dev Bhushan Gupta is posted as Additional District and Sessions Judge at Faridabad and applicant has got an apprehension in his mind that for such like reason he may not get justice. Respondents no. 1 to 4 are said to have served through their counsel but they have not come present, whereas respondent no. 5 is being represented by his counsel. Learned counsel for respondent no. 5 states that he has no objection if application is accepted. Even otherwise, I find that keeping in view the assertion in the PARVINDER SINGH 2019.01.18 14:29 I attest to the accuracy and integrity of this document Chandigarh

T.A. No. 943 of 2018 application, ends of justice demand that application be accepted, the same is accordingly allowed. The Civil Appeal in question is ordered to be withdrawn from the Court of District Judge, Faridabad and transferred to the Court of District Judge, Gurgaon for disposal in accordance with law. Learned District Judge, Gurgaon may retain the petition on his board or assign it to any other Court of competent jurisdiction. The parties through their counsel are directed to appear in the transferee Court on 13.2.2019. Copies of orders be sent to the Court of District Judge, Faridabad as well as to the Court of District Judge, Gurgaon for information and necessary compliance.

(H.S. MADAAN) JUDGE January 17, 2019 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No PARVINDER SINGH 2019.01.18 14:29 I attest to the accuracy and integrity of this document Chandigarh