C\A) -j Is 29 * IN THE HIGH cOURT OF DELHI AT NEW DELHI + TR.P.(C.) 23/2009 HINDUSTAN PETROLEUM CORPORATION LTD. .....Petitioer Through: Mr. T.S.R. Venkatraman with Mr. G.S. Mani, Advocates versus JYOTI KAPOOR & ORS Respondehts Through: Mr. P. N. Malhotra, Advocate for R-7. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW ORDER % 15.12.2009 Though process fee was not filed by the petitioner for service of the respondents but the cOunsel for the petitioner and the counsel for the respondent no.7 have mentined the matter. The counsel for the petitioner however states that he has personally servd all the respondents and for this reason only, the counsel for the respondent no.7 has appeared. The counsel for the petitioner states that the suit of which transfer is sdught from Tis Hazari Courts to the Karkardooma Courts is instituted by the respondent no.7 only against the petitioner and none of the other respondents are parties to that suit. It is stated that the respondents I to 6 are parties to another suit in which the petitioner and the respondent no.7 are also parties and which is pendin in the Karkardooma Courts. The parties seek transfer of the suit filed by the respondent no.7 against the petitioner I and pending in the Court of Sh.. Sanjeev Jam, Additional District & Sessions Judge, Tis * Hazari Courts, Delhi to the Court of Sh. Devendra Kumar, Additional District & Sessions Judge, Karkardooma Courts, Delhi for trial along with the suit No. CS/249/06 alrady pending in that court. Transfer petition is accordingly allowed. The suit No. CS/512/2008 pending in the Court of Sh. Sanjeev Jam, Additional District & Sessions Judge, Tis Hazari Courts, Delhi is directed to be transferred to Karkardooma CourtS, Delhi to be tried in the same court as where other suit aforesaid is pending. TRP.((-.) 2312009 Pg' 11012 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified The petition is disposed of CM No.7171/2009 (u/S 151 CPC for stay) With the disposal of the main petition, this application has become infructuous and is disposed of. j DECEMBER 15, 2009 gsr 4 U LHAI ENDLAW, J F,&c /JDL 0 _ tot TW4. TRI'('C.) 232009 Page 2 of 2 ) 56$ * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 23/2009 HINDUSTAN PETROLEUM, CORPORATION LTD......Petitioner Through: Mr. T.S.R. Venkata Rarnaji & Mr. G.S. Maui, Advocates Versus SMT. JYOTI KAPOOR & ORS Respondents Through: None. CORAM: • HON'BLE MR. JUSTICE RAJW SAHAI ENDLAW ORDER % 08.09.2010 CM No.16190/2010 (u/S 151 CPC for clarification of order dated 23id March, 2010). 1. The transfer petition was disposed of vide order dated 15th December, 2009. Certain other directions were issued on 23 March, 2010. The file of a suit pending in the District Court, Tis Hazan was ordered to be transferred to the District Court, Karkardooma. The contention of the petitioner applicant is that there are two districts in Karkardoorna Courts i.e. East & • North-East, that the file of the suit ordered to be transferred from the Tis Hazari Court reached the District Judge (East) instead of District Judge (North-East). It is stated that the suit pending in Karkardoorna Courtsand owing whereto the suit from the Tis Hazari Court was ordered to be transferred, was pending in the North East District; that the transferred file TR.P.(C.) 2312009 Page 1 of 2 from Tis Hazari Court should have thus gone to District judge (North-East). The petitioner applicant applied to the District Judge (East) for transmission of the file to the District Judge (North-East) but which has been declined. Considering the nature of the application, need is not felt to issue notice thereof to any of the respondents. It is howevei infonned that the contesting respondent Mr. Gulshan Kathuria is present in the Court. The District Judge (East), Karkardoorna Court is directed to call for the file from the Court of the Additional District Judge to whom it has been marked and to transfer the same to District Judge (NorthEast), Karkardooma Courts for implementation of the earlier order in the transfer petition. The application.is disposed of S SEPTEMBER gsr HAI ENDLAW, J TRP.(C.) 2312009 Page 2 of 2