Sundeep Oberoi Vs the State — Delhi HC (2025) — LawSathi Research

Sundeep Oberoi Vs the State — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal and transfer of Succession Petition No. 147/2021, titled 'Sundeep Oberoi vs. State', from the learned ACJ (South), Saket Courts, to the Court of competent jurisdiction in South-East District, Saket Court, Delhi (to be tagged along with Succession Petition No. 212/2023); transferor Court directed to send the entire record to the transferee Court; parties directed to appear before the Principal District and Sessions Judge, South-east on 05.03.2025, who shall assign the petition.

Issue for consideration

Whether Succession Petition No. 147/2021, titled 'Sundeep Oberoi vs. State', pending before the Court of Ms. Shilpi Singh, Learned Administrative Civil Judge (South), Saket Courts, should be withdrawn and transferred to the Court of competent jurisdiction in South-East District, Saket Courts, New Delhi, and tagged along with Succession Petition No. 212/2023. +1 more

Court's answer

In view of the submissions made by learned counsel for the petitioner and the fact that a connected petition (No. 61/2020, New No. 212/2023) is pending before the competent Court of South-east District, the Succession Petition No. 147/2021, titled 'Sundeep Oberoi vs. State', presently pending before the learned ACJ (South) is withdrawn and transferred to the Court of competent jurisdiction in South-East District, Saket Court, Delhi.

Ratio / Principle

CM APPL. 8986/2025 (Exemption) was allowed, subject to all just exceptions, and the application stood disposed of.

Key takeaways

The transferor Court is directed to send the entire record to the transferee Court.ratio¶23
The parties are directed to appear before the learned Principal District and Sessions Judge, South-east on 05.03.2025.ratio¶23
The learned Principal District and Sessions Judge, South-east shall assign Succession Petition No. 147/2021, titled 'Sundeep Oberoi vs. State', to the Court of competent jurisdiction.ratio

Detailed headnote1 paragraphs

Delhi High Court (Dinesh Kumar Sharma, J.), disposing of TR.P.(C.) 33/2025 filed by Sundeep Oberoi under Section 24 of the Code of Civil Procedure, 1908, withdrew Succession Petition No. 147/2021 ('Sundeep Oberoi vs. State') from the Court of Ms. Shilpi Singh, ACJ (South), Saket Courts, and transferred it to the Court of competent jurisdiction in South-East District, Saket Courts, New Delhi, so that it could be tagged along with the connected Succession Petition No. 212/2023 (formerly Succession Petition No. 61/2020, transferred earlier by this Court in TR.P.(C) No. 157/2023). The transferor Court was directed to send the entire record to the transferee Court; parties were directed to appear before the learned Principal District and Sessions Judge, South-east on 05.03.2025, who was to assign the petition. CM APPL. 8986/2025 (Exemption) was allowed subject to all just exceptions; the petition and CM APPL. 8985/2025 (Stay) stood disposed of.

$~48

IN THE HIGH COURT OF DELHI AT NEW DELHI

- TR.P.(C.) 33/2025

SUNDEEP OBEROI .....Petitioner

Through: Mr.Anubhav Bhasin and Mohd. Shakib, Advocates

versus

THE STATE .....Respondent Through: Mr. Abhinav Garg, Panel Counsel for GNCTD with Mr. Mihir, Advocate Mr.Dhruv Rohatgi, Ms.Chandrika Sachdev and Mr.Dhruv Kumar, Advocates

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 14.02.2025

CM APPL. 8986/2025 (Exemption)

Exemption allowed, subject to all just exceptions.

The application stands disposed of.

TR.P.(C.) 33/2025 & CM APPL. 8985/2025 (Stay)

The present petition under Section 24 of the Code of Civil Procedure, 1908 has been filed on behalf of the petitioner seeking the following reliefs:-

“(a) Pass orders for transfer Succession Petition No. 147 of 2021, titled Sundeep Oberoi vs. State, presently pending before the Court of Ms. Shilpi Singh, Learned Administrative Civil Judge (South), Saket Courts, New Delhi, to the court of Ms. Tarunpreet Kaur, Learned Administrative Civil Judge (South East) Saket Court, New Delhi having competent

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:10:35

jurisdiction in the South-East District, Saket Courts,New Delhi, and tag along with Succession Petition No. 212/2023 pending before the said Court;

(b) Pass appropriate orders directing the Learned Administrative Civil Judge (South East) Saket Court, New Delhi to proceed with the matter from the present stage; (c) Pass any other order(s) or direction(s) as may be deemed just, fit, and proper in the interest of justice.”

Learned counsel for the petitioner submits that earlier also the Succession Petition No. 61/2020 titled as ‘Sh. Sundeep Oberoi vs. the State’ was transferred by this Court to the Court of competent jurisdiction in South-east District, Saket Court, Delhi in transfer petition bearing TR.P.(C) No. 157/2023. It is submitted that in such circumstances, the present petition may also be withdrawn from the present Court in South District and may be assigned to the Court of competent jurisdiction in South-east District.

Issue notice. Learned counsel for the respondent accepts notice.

In view of the submissions made by learned counsel for the petitioner and the fact that a connected petition bearing No. 61/2020 (New No.212/2023) titled as ‘Sh. Sundeep Oberoi vs. the State’ is pending before the competent Court of South-east District, the Succession Petition No. 147/2021, titled ‘Sundeep Oberoi vs. State’, presently pending before the learned ACJ (South) is withdrawn and is transferred to the Court of competent jurisdiction in South-East District, Saket Court, Delhi. The transferor Court is directed to send the entire record to the transferee Court. The parties are directed to appear before the learned Principal District and Sessions Judge,

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:10:35

South- east on 05.03.2025. The learned Principal District and Sessions Judge, South- east shall assign the Succession Petition No. 147/2021, titled ‘Sundeep Oberoi vs. State’ to the Court of competent jurisdiction.

Copy of the order be sent to the learned Principal District and Sessions Judge, South and South-east District for necessary compliance.

With the aforesaid directions, the present petition alongwith pending application stands disposed of.

DINESH KUMAR SHARMA, J

FEBRUARY 14, 2025 Dy/na..

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/02/2025 at 12:10:35