Allowed

Ashok Kumar v. Vijay Kumar & Ors.

Delhi HC4 Mar 2024TR.P.(C.)/40/2024

Case brief

AI extract

What is this about?

The court allowed a transfer petition (CM Appl. 13313/2024) transferring a civil suit from the Additional District Judge, Karkardooma Court, to the North-East District of the same court following an observation of lack of territorial jurisdiction.

What did the court decide?

CS 2292/2016 transferred from ADJ-01, Karkardooma Court to the competent court in the North-East District, Karkardooma Court, Delhi.

Ashok Kumar Vs Vijay Kumar & Ors. — Civil Procedure and Limitation | Delhi HC (2024)

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$~74

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- TR.P.(C.) 40/2024

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ASHOK KUMAR ..... Petitioner

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Through: Mr. P.N. Malhotra, Advocate

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versus

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VIJAY KUMAR & ORS. ..... Respondents

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Through:

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CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR

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ORDER (ORAL) % 04.03.2024

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CM APPL. No. 13313/2024 (Exemption)

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1. Allowed, subject to all just exceptions.

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2. Application stands disposed of.

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TR.P.(C.) 40/2024

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3. The respondents in this Transfer petition are defendants before the learned Additional District Judge (learned ADJ) in CS 2292/2016 (Ashok Kumar v. Vijay Kumar and Ors.) .

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4. Mr. P.N. Malhotra, learned counsel for the petitioner, has drawn my attention to order dated 12 February 2024 passed by the learned ADJ, in which the learned ADJ has observed that his court had no

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Signature Not Ver ified Digitally Signed By:AJITTR.P.(C.) 40/2024 KUMAR Signing Da te:0 6.03.2024 16:51:50

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Page 1 of 2

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territorial jurisdiction to deal with the suit and that the suit would lie within the territorial jurisdiction of the courts dealing with the NorthEast District in the Karkardooma Court.

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5. Accordingly, Mr. Malhotra prays that CS 2292/2016 may be transferred to the court of competent jurisdiction in the North-East District in the Karkardooma Court.

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6. I have seen the order dated 12 February 2024. The learned ADJ has categorically noted that the suit would have to be transferred to the North-East District in the Karkardooma Court. The petitioner has also been advised to take appropriate steps in this regard.

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7. The respondents do not appear to contest this position.

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8. Accordingly, CS 2292/2016 (Ashok Kumar v. Vijay Kumar and Ors.) stands transferred from the court of the learned ADJ-01, Karkardooma Court to the competent court in the North-East District, Karkardooma Court, Delhi forthwith. The Registry of the Karkardooma Court is directed to take expeditious steps to ensure that the records are transmitted to the transferee Court.

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9. The petition stands allowed in the aforesaid terms.

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C.HARI SHANKAR, J

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MARCH 4, 2024/yg

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Click here to check corrigendum, if any

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Signature Not Ver ified

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Digitally Signed By:AJITTR.P.(C.) 40/2024 KUMAR Signing Da te:0 6.03.2024 16:51:50

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Page 2 of 2

Ashok Kumar v. Vijay Kumar & Ors.

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. Vijay Kumar & Ors.

Case brief

What is this about?

What did the court decide?

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