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A-31
% 12.9.2011
Present: Mr.D.K.Rustagi, Advocate for the petitioner.
Mr.Hari Om Maheshwari POA of the respondent.
+Tr.P.(C)No.3/2011
*
Respondent has been served. She has put in appearance.
This is a petition under Section 24 of the Code of Civil
Procedure; it is not in dispute that the first suit i.e. the suit filed by the petitioner namely Unity Fin Cap Pvt. Ltd is a suit for recovery; it arises out of an agreement dated 12.7.2006; the second suit is a suit challenging the same agreement which has been filed by the respondent Rozy Malhotra. The first suit is pending before ADJ
(West District), Tis Hazari Courts and the second suit is pending before ADJ (North District). It will be expedient that both the suits be decided by the same court, the Suit i.e. CS No.21/2009 titled
Unity Fincap P. Ltd. Vs. Rozy Malhotra pending before the ADJ
(North District), Tis Hazari Courts is accordingly transferred to the court where CS No.232/2008 Unity Fincap Vs. Rozy Malhotra is pending. The next date before the ADJ (West District), Tis Hazrai
Courts is 03.11.2011. The next date before the ADJ (North
District), Tis Hazari Courts is 22.9.2011. Parties are directed to appear before District & Sessions Judge (Central) on 19.9.2011 who shall transfer the second suit i.e. CS No.21/2009 to the court
2011:DHC:19095
% 12.9.2011
Present: Mr.D.K.Rustagi, Advocate for the petitioner.
Mr.Hari Om Maheshwari POA of the respondent.
+Tr.P.(C)No.3/2011
*
Respondent has been served. She has put in appearance.
This is a petition under Section 24 of the Code of Civil
Procedure; it is not in dispute that the first suit i.e. the suit filed by the petitioner namely Unity Fin Cap Pvt. Ltd is a suit for recovery; it arises out of an agreement dated 12.7.2006; the second suit is a suit challenging the same agreement which has been filed by the respondent Rozy Malhotra. The first suit is pending before ADJ
(West District), Tis Hazari Courts and the second suit is pending before ADJ (North District). It will be expedient that both the suits be decided by the same court, the Suit i.e. CS No.21/2009 titled
Unity Fincap P. Ltd. Vs. Rozy Malhotra pending before the ADJ
(North District), Tis Hazari Courts is accordingly transferred to the court where CS No.232/2008 Unity Fincap Vs. Rozy Malhotra is pending. The next date before the ADJ (West District), Tis Hazrai
Courts is 03.11.2011. The next date before the ADJ (North
District), Tis Hazari Courts is 22.9.2011. Parties are directed to appear before District & Sessions Judge (Central) on 19.9.2011 who shall transfer the second suit i.e. CS No.21/2009 to the court
2011:DHC:19095
i.e. CS No.323/2008 is pending. With these directio/is this petition is disposed of.
INDERMEET KAUR, J.
SEPTEMBER 12, 2011 nandan
2011:DHC:19095
INDERMEET KAUR, J.
SEPTEMBER 12, 2011 nandan
2011:DHC:19095
JUDGMENT