Transfer of an execution petition concerning the same arbitral award dated 4 January 2022 as another pending execution case. With no objection from the respondent, the court transferred the later-filed execution petition to Dwarka District Court to be heard alongside the earlier one.
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$~23
WELCOMGROUP CGHS LIMITED ..... Petitioner Through: Mr. Abhijit Mittal, Ms. Shaivya Singh and Mr. Pulkit Khanduja, Advs.
versus
M/S. OMSTAR CONSTRUCTIONS CO P LTD .... Respondent Through: Ms. Ridhima Mohanty, Adv.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
O R D E R (O R A L) % 05.01.2024
1. Execution (Comm) 266/2023 and Execution (Comm) 261/2023 seek execution of the same arbitral award dated 4 January 2022. The Execution (Comm) 266/2023 was filed prior in point of time.
2. This transfer petition filed by the petitioner in Execution (Comm) 266/2023 seeking transfer of Execution (Comm) 261/2023 to the court in the Dwarka Courts which is presently seized of Execution (Comm) 266/2023.
3. Ms. Ridhima Mohanty, learned Counsel for the Respondent, has no objection.
4. As such, Execution (Comm) 261/2023 ( Welcomgroup CGHS Ltd v. M/s Omstar Constructions Co.P. Ltd .) is transferred to the
Signature Not Ver ified Dwarka District Court, to be taken up along with Execution (Comm)
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TR.P.(C.) 1/2024 Digitally Signed By:AJIT KUMAR Signing Date:07.0 1.20 24 22:09
266/2023 ( Omstar Constructions Co.P.Ltd. v. Welcomgroup CGHS Ltd. )
5. The Registry of the Karkardooma District court is directed to forthwith transmit the relevant file the concerned court at Dwarka.
6. This petition is accordingly allowed.
C.HARI SHANKAR, J
JANUARY 5, 2024 dsn
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Signature Not Ver ified
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TR.P.(C.) 1/2024 Digitally Signed By:AJIT KUMAR Signing Date:07.0 1.20 24 22:09
1 issue framed by the court
Should Execution (Comm) 261/2023 be transferred to the Dwarka court hearing the earlier-filed execution petition on the same award?
Welcomgroup CGHS Limited
M/s. Omstar Constructions Co P Ltd
C. Hari Shankar
As recorded by the court registry
A petition to transfer a civil case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
