Single Judge Order returning a civil money recovery suit to the Court of District Judge, West, because their previous return to the High Court as a commercial dispute was found incorrect.
The case is returned to the Court of District Judge (West) for further proceedings in accordance with law.
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$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
versus
FINACCERS/KH IT SOLUTION PVT LTD & ORS ..... Defendants Through: Mr. Robin Singh Sirohi, Adv.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA O R D E R % 02.12.2016
The case at hand is a civil suit for recovery of Rs. 25 lakhs which was instituted in December, 2014, the valuation put to the relief claimed as per the plaint being Rs. 25 lakhs only. On account of change of pecuniary jurisdiction, the case was transferred to the Court of District Judge, West at Tis Hazari by order dated 30th November, 2015. It appears from the proceedings that the case was allocated to Ms. Raj Rani, Additional District Judge-09/West/Tis Hazari, who by order dated 6th May, 2016 noted that the case at hand is commercial in nature and that such cases were being recalled by the High Court in terms of the notification dated 28th April, 2016. Thus, on the report of the Additional District Judge, the District & Sessions Judge (West) by her order dated 11th May, 2016 returned the case to this Court.
The parties through counsel present today, however, submit that the case does not involve “commercial dispute” and that it is a simpliciter money recovery suit.
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CS(OS) 4088/2014
In these circumstances, return of the case to this Court by the District Court was incorrect and improper. The file is, thus, returned to the Court of District Judge (West) for further proceedings in accordance with law. It shall be laid in that Court on 15th December, 2016.
The registry to send the file well in time.
R.K.GAUBA, J
DECEMBER 02, 2016 nk
1 issue framed by the court
Whether the High Court below correctly exercised quashing power in recalling a civil suit transferred for change of pecuniary jurisdiction which the District Court deemed relevant for further trial.
Amit Kumar Gupta
Financers/Kh It Solution Pvt Ltd & Ors
R.K. Gauba
As recorded by the court registry
A civil suit filed on the original side of a High Court exercising ordinary original civil jurisdiction.
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