Usha Wadhwa v. Neelu Malhotra

Delhi High Court · 27 Nov 2015 · 2015:DHC:9703
Hima Kohli
TR.P.(C) 17/2015
2015:DHC:9703
civil appeal_dismissed Procedural

AI Summary

The Delhi High Court allowed withdrawal of a transfer petition seeking to club suits pending in different courts, reserving the right to file afresh after related suits' jurisdiction is determined under the Delhi High Court (Amendment) Act, 2015.

Full Text
Translation output
TR.P.(C) 17/2015
HIGH COURT OF DELHI
TR.P.(C) 17/2015
USHA WADHWA ..... Petitioner
Through: Mr. Deepak Dhingra, Advocate
VERSUS
NEELU MALHOTRA ..... Respondent
Through: Mr. Bhupinder Mehtani, Advocate with Mr. Vineet Kumar, Advocate
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 27.11.2015
JUDGMENT

1. The present Transfer Petition has been filed by the petitioner praying inter alia that the file of Suit No.112/2014 filed by the respondent against the plaintiff and pending before the District Judge, Tis Hazari Courts, Delhi, be transferred to this Court for being clubbed with CS(OS) 3070/2014.

2. Mr. Dhingra, learned counsel for the petitioner states that in view of the fact that the pecuniary value of CS(OS) 3070/2014 is Rs.30 lacs and the said suit is likely to be transferred to the District Court in terms of the Notification No.27187/DHC/Orgl. dated 24.11.2015, issued under Section 4 of the Delhi High Court (Amendment) Act, 2015 (Act 23 of 2015), he seeks leave to withdraw 2015:DHC:9703 TR.P.(C) 17/2015 the present petition while reserving the right of the petitioner to file a fresh Transfer Petition after appropriate orders are passed in CS(OS) 3070/2014.

3. Leave, as prayed for, is granted. The petition is dismissed as withdrawn. HIMA KOHLI, J NOVEMBER 27, 2015 rkb