Full Text
HIGH COURT OF DELHI
JUDGMENT
AAGAM WORLD WIDE INDUSTRIES LTD ..... Petitioner
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA Advocates who appeared in this case:
For the Petitioner : Mr. Amitabh Chaturvedi, Mr. Ankit Monga and Mr. B.L.N. Sanjit, Advocates
For the Respondent : Ms. Palka Malhotra, Proxy Counsel for
R-1.
[ The proceeding has been conducted through Hybrid mode ]
1. These are applications seeking exemption from filing certified copies of the annexures/documents. CM APPL. 9941-42/2023 (Exemption)
2. Exemption is allowed, subject to all just exceptions.
3. The applications stand disposed of.
4. Learned counsel appearing for the petitioner submits that the CM(M) 324/2023 & CM APPL. 9940/2023 Commercial Suit bearing CS (Comm.) No. 1049/2022 titled ‘Aagam World Wide Industries Ltd. vs. Manoj Sachdeva & Anr.’ was filed praying for certain urgent reliefs. Along with the plaint, an application under Section 12A(1) of the Commercial Courts Act, 2015 was also filed seeking exemption from the pre-institution mediation.
5. Learned counsel submits that though the designated Commercial Court was hearing the application for a number of hearings, however, unfortunately, the designated Court has proceeded on leave from 20.02.2023 and is stated to be rejoining w.e.f. 04.04.2023.
6. Learned counsel submits that in view of the aforesaid factual situation, urgent reliefs sought under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 by the petitioner/plaintiff against the respondent/defendant may become infructuous by the time the hearing of the application is resumed after 04.04.2023.
7. Learned counsel submits that immediately the petitioner/plaintiff had filed the transfer petition bearing TP(C) No. 16/2023 before Principal District and Sessions Judge, South-East District, Saket Courts, New Delhi (in short “Principal District and Sessions Judge”) under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of the aforesaid suit to another designated Court so as to adjudicate the application under Order XXXVIII Rule 5 CPC.
8. Learned counsel further submits that the said transfer petition is still pending and is now listed for consideration before the learned Principal District and Sessions Judge on 07.03.2023.
9. On query put to the learned counsel appearing on behalf of respondent, she submits, on instructions, that the respondent would have no objection in case the matter is directed to be taken up by the Principal District and Sessions Judge, on 07.03.2023 and decide the transfer petition in accordance with law.
10. Ms. Palka Malhotra, learned counsel for the respondents also submits that the respondents would have no objection in case the matter is transferred to another designated Commercial Court.
11. After hearing both the parties and keeping in view the urgency of the reliefs sought by the petitioner, it is deemed expedient to request the Principal District and Sessions Judge to take up the T.P.(C) No. 16/2023 titled ‘Aagam World Wide Industries Ltd vs. Manoj Sachdeva & Anr.’ listed before it on 07.03.2023 and dispose it off on the same day in accordance with law.
12. The list of additional documents handed over by learned counsel for the petitioner is taken on record.
13. The petition is disposed of in aforesaid terms, with no order to costs.
TUSHAR RAO GEDELA, J. MARCH 01, 2023