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HIGH COURT OF DELHI
TR.P.(C.) 51/2022
MMTC LTD. ..... Petitioner
Through: Mr. Ashok Chhabra, Advocate.
Through: Mr. Rajesh Banati with Mr. Ashish Sareen and Mr. Vikram P. Singh, Advocates.
Date of Decision: 22nd August, 2022.
JUDGMENT
1. This is a petition under Section 24 CPC for transfer of a case titled as MMTC Ltd. vs. Novelty Jewellers & Ors. bearing case No.85303/2016 listed before learned Additional District Judge-09, Central, Tis Hazari, Delhi to be transferred to this Court to be tried along with OMP(Comm) No.386/2018 titled as MMTC Ltd. vs. Novelty Jewellers & Ors.
2. Both the learned counsel for the parties submit that earlier a single arbitration proceeding was going on, however, later on arbitrator segregated the claims and two awards were passed by the same set of the arbitrators. Learned counsel for the parties submit that in regard to both the awards, the objections were filed in the District Courts. However, on an application being moved, the proceedings in MMTC Ltd. vs. Novelty Jewellers & Ors., 2022:DHC:3199 TR.P.(C.) 51/2022 now bearing number OMP(Comm) No.386/2018, was transferred to this Court. Learned counsel for both the parties submit that both the cases are at final stage and in order to avoid any conflicting judgment, it would be in the interest of justice, if the arbitration case No.85303/2016 pending before learned Additional District Judge-09, Central, Tis Hazari, Delhi is withdrawn from that Court and transferred to this Court.
3. In view of the submissions made above, the arbitration case No.85303/2016 titled as MMTC Ltd. vs. Novelty Jewellers & Ors., is withdrawn from the Court of learned Additional District Judge-09, Central, Tis Hazari, Delhi and is transferred to this Court to be tried along with OMP(Comm) No.386/2018 titled as MMTC Ltd. vs. Novelty Jewellers & Ors.
4. Learned Additional District Judge-09, Central, Tis Hazari, Delhi is directed to send the complete record of the case in digital form to the
5. Copy of the order be sent to learned District & Sessions Judge, Central, Tis Hazari, Delhi.
6. Parties are directed to appear before the Registrar General of this Court on 07th September, 2022.
7. The present petition is, accordingly, disposed of.
DINESH KUMAR SHARMA, J AUGUST 22, 2022