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HIGH COURT OF DELHI
TR.P.(C.) No. 118/2017 BANARAS MANUFACTURERS PVT LTD .....Petitioner
Through: Mr. R.L. Bhatia, Adv.
27.09.2017 :
. 1. This order is in continuation ofthe earlier order dated 28"" July, 2017.
ORDER
2. The counsel for all the three respondents appears, and, though on enquiry states that he opposes the transfer but argues that the suit filed by the.petitioner and pending in the Saket Courts, New Delhi is by way ofa counterclaiin to the suit filed by the respondents / p^intiffs and pending in the Tis Hazari Courts, Delhi.
3. The moment the coiinsel for the respondents argues that the suit filed by the petitioner is by way ofcounterclaim, per Order VIII Rule 6A(2) and. 6F of the Code of Civil Procedure, 1908 (CPC) they have to be tried together and it is not understandable as. to what is the objection to thb transfer. ': ^ ^
4. The counsel for the resjpondents says that his objection is that instead offiling italong with the written statement as acounterclaim, aseparate suit at Saket Courts, New Delhi has been filed.,
5. It is also stated that while the suit filed by the respondents / plaintiffs and pending at Tis Hazari Courts, Delhi is ofthe year 2005; the suit filed by TR.P.(C.) NOA18/2017 ^ pagelof[2] 2017:DHC:8568 n. the petitioner and pending at Saket Courts, New Delhi is ofthe year 2015.
6. This Court, in exercise of jurisdiction under Section 24, is only concerned with transfer and not with the need to decide the suits together or to consolidate the suits andwhich is the domain of the Suit Court.
7. Inview ofthe aforesaid, the petition isallowed.
8. The Suit No.DJ/208924/2016 titled Banaras Manufacturers Pvt. Ltd. Vs. M/s. In Plan & Ors. pending in the Court of Mr. Puran Chand, Additional District Judge (South-East), Saket Courts, New Delhi is transferred to the Court of Ms. Santosh Snehi Mann, P.O. MACT (West), Tis Hazri Courts, Delhi.
9. The parties to appear in the Transferred Suit before the Court of Ms. Santosh Snehi Mann, P.O. MACT (West), Tis Hazri Courts, Delhi, on 31'' October, 2017 when the suit already pending in that Court is stated to be listed.
10. Thepetition is disposed of RAJIV SAHAIENDLAW, J. SEPTEMBER 27, 2017 'PP' TR.P.(C.) No.l18/2017 page 2 of[2]