Full Text
A-23
1r-
% 18.05.2011
Present: Mr.J,K,Bhola, Advocate for Plaintiff.
Mr.Ashok Kumar, Advocate for Defendant No'2.
+Tr.P.(C) No.13/2009
Agreement-cum-Cash receipt is the subject matter of this suit as well as civil suit titled "M/s. Chintoo Creations
Pvt. Ltd. Vs. Sudhir Bhadawar and Orsr" pending before the
District Courts, Delhi. A sum of Rs.25 lacs was purportedly paid by the plaintiff to the defendants in the ratio as given in para 2 of this petition. The subject matter of the aforesaid suit before the District Courts pertains to the principal amount of
Rs.6,80,000/- whereas for rest of the amount, suit under Order
JUDGMENT
37 CPC has been instituted before this Court, i.e. CS(OS) No.1230/2005. The parties in both these suits under Order 37 CPC are the same and the subject matter is also not different. The stage is somewhat different in the sense that summons in this suit under Order 37 CPC are yet to be served upon the defendants whereas the suit before the District Courts is at the stage of arguments on leave to defend, r$ Tr.P.(C) No.13l2009 Page 1- 2011:DHC:18455 rl Y \\/ In these circumstances, lfind this petition rAust sgcceed in order to avoid the conflicting decisions in this matter and the mattqr pending before the District Courts. Accordingly, this petition is allowed. Civil Suit titled as ""M/s. Chintoo Creations Pvt, Ltd. Vs, Sudhir Bhadawar and Orsr" pending before Mr. Rakesh' Kumar, Additional District Judge, Delhi be requisitigned from the concerned Couft at Tis Hazari Coqrts and be put Vp along with CS(OS) No,1230i2005. Registry to bifprcate and make the requisite parts of the file. This petition is disposed of while refraining to comment upon the merits of the case. May 18, 2011 vg Tr.P.ICJ No.13l2009 Page[2]