The court allowed an application for transfer of a suit from the High Court to the South-East District of the District & Sessions Judge at Saket based on pecuniary jurisdiction and the place of suit.
Application allowed; matter transferred to Ld District & Sessions Judge, (South-East District), Saket Court.
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JAWAHAR LAL UNIVESITY ..... Petitioner
Through: Mr D Rajeshwar Rao, Adv alongwith S. P. Dahiya, AE (JNU)
versus
M /S A K BUILDER ..... Respondent Through: Mr Sourav Roy, Adv
CORAM:
DR. SATINDER KUMAR GAUTAM (DHJS), JOINT REGISTRAR (JUDICIAL)
O R D E R % 02.11.2016
IA No. 10600/2016 (u/S 151 CPC for appropriate directions filed by the respondent)
Learned counsel for the applicant has assessed the value of suit property which is less than 2 crores as per its pecuniary jurisdiction as such suit has to be dealt by the District Courts.
Notice of this IA accepted by counsel for the petitioner and submits that he has no objection to this effect.
In view of notification no 27187/DHC/Orgl. Dated 24.11.2015 & in exercise of powers conferred by Section 4 of the Delhi High Court (Amendment) Act, 2015 (Act 23 of 2015), which came into force with effect from 26.10.2015 vide Notification No. F. No. L-19015/04/2012-Jus dated 26.10.2015 issued by the Government of India, Ministry of Law, Justice & Company Affairs, published in Gazette of India Extraordinary, Part-II, Section 3 Sub Section (ii), the
present matter stands transferred to the jurisdictional subordinate courts.
Learned counsel for the parties submits that the present suit is falls in the territory jurisdiction of South-East District.
Hence, in view of the submission and circumstances, the matter be sent to the Ld District & Sessions Judge, (South-East District) Saket Court.
Parties are directed to appear before the Court of Ld District & Sessions Judge (South-East District), Saket Court on 31.01.2017.
The suit files be made available to the Ld District & Sessions Judge (South-East District) at Saket Court on the date already fixed. Accordingly, IA stands allowed and disposed of.
DR. SATINDER KUMAR GAUTAM (DHJS) JOINT REGISTRAR (JUDICIAL)
NOVEMBER 02, 2016 SK
1 issue framed by the court
Whether the petition under Section 151 CPC needs to be transferred to subordinate courts based on pecuniary jurisdiction and site of plaint.
2 provisions across 2 enactments
JAWAHAR LAL UNIVERSITY
M /S A K BUILDER
DR. SATINDER KUMAR GAUTAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
