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$-29 HIGH COURT OF DELHI ! TR.P.(C)34/2010 CHANDER MOHAN GUPTA Petitioner
Through: Mi". Alok Sinha and Mr.Nitin Gupta, Advocates.
Through: Mi". Alok Sinha and Mr.Nitin Gupta, Advocates.
VERSUS
: VIKRAM KUMAR JAIN AND ORS Respondents Tlirough: Mr.K.D.Sen Gupta with Ms. Aahuti Sharma,Advocates for defendants No. 1 to
6.
6.
CORAM:
HON'BLE MR.JUSTICE S.RAVINDRA BHAT
03.12.2010 Petitioner in this case has filed suit in 1972for pailition in respect ofhis property.
That suit was transferred to the Court of Additional District Judge on account of enhancement of pecuniary jurisdiction forthwith 2003. The petitioner seeks transfer of those proceedings to the file of this Court and contends that another suit has been instituted.
It is argued that in case both the proceeding go ahead independently, there is likelihood ofconflicting decisions.
According to the petitioner's submissions the suit pending before the Additional
District Judge transfer of which is sought by this petition is at the stage of final arguments. In these circumstances, the Court is of the opinion that it would be inappropriate to transfer the matter from the Court of Additional District Judge as that would entail a further delay. However,the Court is also ofthe opinion that since suit was instituted in 1972 is a considerably old matter, the concerned Additional District Judge
2010:DHC:15487 (at present being Sh. Sanjeev Jain) endeavour to complete the proceedings as early as possible and preferably within eight months from today. It is also open for the judge to consider any requestfor mediation and pass appropriate orders.
Transfer petition is disposed ofin the above terms.
Order dasti.
S.RAVINDRA BHAT,J DECEMBER 03,2010 mr 2010:DHC:15487
03.12.2010 Petitioner in this case has filed suit in 1972for pailition in respect ofhis property.
That suit was transferred to the Court of Additional District Judge on account of enhancement of pecuniary jurisdiction forthwith 2003. The petitioner seeks transfer of those proceedings to the file of this Court and contends that another suit has been instituted.
It is argued that in case both the proceeding go ahead independently, there is likelihood ofconflicting decisions.
According to the petitioner's submissions the suit pending before the Additional
District Judge transfer of which is sought by this petition is at the stage of final arguments. In these circumstances, the Court is of the opinion that it would be inappropriate to transfer the matter from the Court of Additional District Judge as that would entail a further delay. However,the Court is also ofthe opinion that since suit was instituted in 1972 is a considerably old matter, the concerned Additional District Judge
2010:DHC:15487 (at present being Sh. Sanjeev Jain) endeavour to complete the proceedings as early as possible and preferably within eight months from today. It is also open for the judge to consider any requestfor mediation and pass appropriate orders.
Transfer petition is disposed ofin the above terms.
Order dasti.
S.RAVINDRA BHAT,J DECEMBER 03,2010 mr 2010:DHC:15487
JUDGMENT