Dismissed

Jagdish Kumar v. Ms Modex International Security Ltd.

Himachal Pradesh HC2 Jan 2023CS/4054/2013

Case brief

AI extract

What is this about?

The Court determined that due to a government notification enhancing pecuniary jurisdiction, it lacked jurisdiction over the suit's value. Consequently, the case was transferred to the Senior Civil Judge at Nalagarh with parties undertaking presence for further proceedings.

What did the court decide?

Registry directed to transfer the case file to the Senior Civil Judge, Nalagarh.

Jagdish Kumar Vs Ms Modex Internation… — Civil Procedure and Limitation | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Civil Suit No.4054 of 2013 Date of Decision: 2.01.2023

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__________________ Jagdish Kumar	_____________________________________ …….Plaintiff Versus
M/s Modex Internationa	l & Anr. … Defendants
__________________ Coram: Hon’ble Mr. Justice S Whether approved for r	_____________________________________ andeep Sharma, Judge. eporting?¹
For the Plaintiff:	Mr. Sanjeev Bhushan, Senior Advocate with Mr. Rakesh Chauhan, Advocate.
For the Defendants:	Mr. Anuj Nag, Advocate, for defendant No.1.
	Ms. Meenakshi Sharma, Advocate, for defendant No.2.
__________________ Sandeep Sharma, Jud	_____________________________________ ge (oral):

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Learned counsel representing the parties fairly state that on account of Notification dated 10.10.2022, issued by Government of Himachal Pradesh, pecuniary jurisdiction of District Judiciary as well as High Court of Himachal Pradesh, has been enhanced and as such, this Court has now jurisdiction to entertain the suit having value of more than rupees ‘one crore’ and District judge has a jurisdiction to entertain the suit up to the value of rupees ‘one crore’.

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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In view of the above, instant case being below rupees

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‘sixty lakh’ required to be sent to the court below for further proceedings.

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Consequently, in view of above, Registry is directed to transfer the case file of instant case to the Court of learned Senior Civil Judge, Nalagarh, District Solan, Himachal Pradesh, enabling it to proceed further with the matter from the stage it has been left by this Court.

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Learned counsel representing parties undertake to cause presence of their respective clients either in person or through their counsel before the Court below on 24.03.2023 , enabling it to proceed with the matter. Registry to ensure that entire pleadings along with documents filed by the parties to the lis are also sent to the Court below forthwith.

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(Sandeep Sharma), Judge 2^nd January,2023 (shankar)

Jagdish Kumar v. Ms Modex International Security Ltd.

Case brief

What is this about?

What did the court decide?

Jagdish Kumar v. Ms Modex International Security Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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