Hi-Tech Vocational Training Centre v. K.P. Singh

Delhi High Court · 03 Oct 2016 · 2016:DHC:9201
Rajiv Sahai Endlaw
CS(OS) No.346/2009
2016:DHC:9201
civil other Procedural

AI Summary

The Delhi High Court corrected the erroneous transfer of civil suits and ordered their transfer and consolidation before the District Judge (South-East), Saket Courts Complex for trial.

Full Text
Translation output
$-34 & 23 HIGH COURT OF DELHI CS(OS) No.346/2009
M/S EX-MAN RAGHAV SECURITY SERVICES (REGD.) Plaintiff
Through: Counsel for the plaintiff (appearance not given).
VERSUS
HI-TECH VOCATIONAL TRAINING CENTER Defendant
Through; Mr. Visheshswar Shrivastav, Adv. AND
TR.P.(C) No.41/2016 &lA No.12008/2016 (for stay).
HI-TECH VOCATIONAL TRAINING CENTRE Petitioner
Through; Mr. Visheshswar Shrivastav, Adv.
VERSUS
K.P SINGH Respondent
Through; Counsel for the plaintiff (appearance not given).
CORAM;
HON'BLE MR. JUSTICE RAJIV SAHAIENDLAW
03.10.2016
ORDER

1. This order is in continuation ofthe order dated 21^ September, 2016 in Transfer Petition No.41/2016.

2. The file of CS(OS) No.346/2009 has been perused. The said suitis for recovery ofRs.4,48,709.20p and is valued accordingly.

3. In accordance with the Office Order dated 24^^ November, 2015 of Hon'ble the Chief Justice in exercise of powers under Section 4 ofthe Delhi High Court (Amendment) Act, 2015 CS(OS) No.346/2009 is liable to be transferred to the District Court.

4. The counsel for Hi-Tech Vocational Training Centre states that the suit which has already been transferred has been transferred to District CS(OS) No.346/2009 & TR.P.(C) No.41/2016 page 1 of[3] 2016:DHC:9201 (East), Kakardooma Courts, Delhi and not to District (South-East) as erroneously recorded in the order dated 27^*^ September, 2016 in Transfer Petition no.41/2016.

5. Both counsels agree that CS(OS) No.346/2009 as well as the suit which has already been transferred to the District Court are to be tried in District (South-East), Saket Courts Complex, New Delhi.

6. The counsels further state that CS(OS) No. 1233/2007 of this Court which has already been transferred is pending as Suit No.2855/2016 in the Court of Shri Talwant Singh, District and Sessions Judge (East), Karkardooma Courts, Delhi.

7. In exercise ofpowers under Office Order dated 24'^ November, 2015 of Hon'ble the Chief Justice in exercise of powers under Section 4 of the Delhi High Court (Amendment) Act, 2015 as well as in exercise of powers under Section 24 of the Code of Civil Procedure, 1908 (CPC), Suit No.2855/2016 titled Hi-Tech Vocational Training Centre Vs. K.P. Singh of the Court of Shri Talwant Singh, District & Sessions Judge (East), Karkardooma Courts is now transferred to the District Judge (South-East), Saket Courts Complex, New Delhi.

8. A copy of this order be immediately forwarded to the District Judge (East), Karkardooma Courts for compliance.

9. CS(OS) No.346/2009 is also transferred to the Court of District Judge (South-East), Saket Courts Complex, New Delhi.

10. Both suits to be listed before the Additional District Judge/District Judge (South-East), Saket Courts Complex, New Delhi on 15^^ December,

2016. CS(OS) No.346/2009 &TR.P.(C) No.41/2016 page 2of[3]

11. Since the suits are stated to have been consolidated, the same be marked to the same Additional District Judge if not kept by the District Judge with himself/herself.

OCTOBER 03, 2016 'PP' - CS(OS)No.346/2009 & TR.R(C) No.41/2016 JIV SAHAIENDLAW, J page 3 of[3]