Dismissed¶21

Manbir Singh Oberoi v. Madanjit Singh Oberoi & Ors.

Delhi HC21 Aug 2025TR.P.(C.)/85/2025

Case brief

AI extract

What is this about?

Transfer petitions (TR.P.(C.) 84/2025, TR.P.(C.) 85/2025), Delhi High Court, Justice Saurabh Banerjee, 21.08.2025; dismissed as withdrawn with liberty to refile; non-disclosure of pending Order VII Rule 11 r/w Section 151 CPC applications urged as concealment of material facts; consolidation of Probate Case No.1/2022 and CS SCJ No.175/2023 with Test Case No.87/2024 sought; withdrawal with liberty; no notice issued; no quantum involved.

What did the court decide?

Both petitions dismissed as withdrawn, with liberty to file fresh petitions so as to include material particulars qua the pendency of the two applications under Order VII Rule 11 of the CPC. ¶21

Manbir Singh Oberoi Vs Madanjit Singh Oberoi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both petitions dismissed as withdrawn, with liberty to file fresh petitions so as to include material particulars qua the pendency of the two applications under Order VII Rule 11 of the CPC.

¶21

Issue for consideration

Whether the two pending matters (Probate Case No.1/2022 and CS SCJ No.175/2023) should be transferred and consolidated with Test Case No.87/2024, as sought by the petitioner in the two transfer petitions. +1 more

¶20

Ratio / Principle

Both transfer petitions (TR.P.(C.) 84/2025 and TR.P.(C.) 85/2025) were dismissed as withdrawn, with liberty to the petitioner to file fresh petitions including material particulars qua the pendency of the two applications under Order VII Rule 11 of the CPC; the court made no adjudication on the merits of the transfer sought or on the alleged concealment.

¶21

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.), order dated 21.08.2025 in TR.P.(C.) 84/2025 & CM APPL. 31022/2025 and TR.P.(C.) 85/2025 & CM APPL. 31040/2025 — Manbir Singh Oberoi v. Madanjit Singh Oberoi & Ors.: Transfer petitions sought transfer of Probate Case No.1/2022 ('Manbir Singh Oberoi vs. The State GNCTD & Ors.') and CS SCJ No.175/2023 ('Manbir Singh Oberoi vs. Madanjit Singh Oberoi') for consolidation with Test Case No.87/2024 ('Madanjit Singh Oberoi Vs. Govt. of State of NCT Delhi & Ors.'). Respondent no.1 objected that the petitions failed to disclose the pendency of two applications under Order VII Rule 11 read with Section 151 CPC filed by respondent no.1 in the two suits, urging this to be a prima facie concealment of material facts going to the root of the matters. Counsel for the petitioner admitted the applications but contended their disclosure was unnecessary as only consolidation was sought; thereupon petitioner sought leave to withdraw. Both petitions were dismissed as withdrawn with liberty to file fresh petitions disclosing the pendency of the said Order VII Rule 11 applications. No merits adjudication was made on the transfer or the alleged concealment.

¶1

$~2 & 3

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

¶4

TR.P.(C.) 84/2025 & CM APPL. 31022/2025

¶5

MANBIR SINGH OBEROI .....Petitioner Through: Ms. Aastha Dhawan, Ms. Shaini Bhardwaj and Mr. Aditya Sharma, Advocates.

¶6

versus

¶7

MADANJIT SINGH OBEROI & ORS. .....Respondents Through: Ms. Manika Agnihotri and Mr. Amer Vaid, Advocate for R-1.

¶8

AND

¶9

3 + TR.P.(C.) 85/2025 & CM APPL. 31040/2025

¶10

MANBIR SINGH OBEROI .....Petitioner Through: Ms. Aastha Dhawan, Ms. Shaini Bhardwaj and Mr. Aditya Sharma, Advocates.

¶11

versus MADANJIT SINGH OBEROI & ORS. .....Respondents Through: Ms. Manika Agnihotri and Mr. Amer Vaid, Advocate for R-1.

¶12

CORAM:

¶13

HON'BLE MR. JUSTICE SAURABH BANERJEE

¶14

O R D E R % 21.08.2025

¶15

Though no notice has been issued in the present petitions, learned counsel for respondent no.1 appears today after receipt of the advance copy thereof.

¶16

At the outset, learned counsel for respondent no.1 submits that the pleadings made by the petitioner in the present petitions fails to disclose

¶17

This is a digitally signed order.

¶18

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 23/08/2025 at 12:11:04

¶19

the factum of filing of two separate applications under Order VII rule 11 read with Section 151 of the Code of Civil Procedure, 1908, ( CPC ) filed by the respondents, which is a prima facie attempt to conceal material facts, more so, since the said concealment goes to the root of the matters and the transfer per se ought not to take place without prior adjudication of the said applications.

¶20

Learned counsel for the petitioner, on the other hand, submits that admittedly though the said applications have been filed by respondent no.1 in Manbir Singh Oberoi vs. The State GNCTD & Ors. (Probate Case No.1/2022) and Manbir Singh Oberoi vs. Madanjit Singh Oberoi (CS SCJ No.175/2023) , however, since the petitioner is only seeking transfer of the aforesaid petitions to consolidate them with the case titled Madanjit Singh Oberoi Vs. Govt. of State of NCT Delhi & Ors. (Test Case No.87/2024) , there was no requirement of mentioning about the pendency of either of the two applications under Order VII rule 11 of the CPC filed by respondent no.1 in Manbir Singh Oberoi vs. The State GNCTD & Ors. (Probate Case No.1/2022) and Manbir Singh Oberoi vs. Madanjit Singh Oberoi (CS SCJ No.175/2023).

¶21

In view of the aforesaid, learned counsel for the petitioner seeks leave to withdraw the present petitions with liberty to file fresh petitions so as to include material particulars qua the pendency of the two applications under Order VII rule 11 of the CPC as mentioned above. 5. As such, both the present petitions are dismissed as withdrawn with liberty as prayed for.

¶22

AUGUST 21, 2025/NA

¶23

SAURABH BANERJEE, J

¶24

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 23/08/2025 at 12:11:04

Manbir Singh Oberoi v. Madanjit Singh Oberoi & Ors.

Case brief

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What did the court decide?

Manbir Singh Oberoi v. Madanjit Singh Oberoi & Ors.

Case brief

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What the court decided

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