Oriental Bank of Commerce v. M/S Agarwal Enterprises

ORDER %

16.09.2009 After some hearing, during the course of which it was submitted that the Suit is not maintainable, since the respondent-M/sAgarwal Enterprises has also ^ sought similar relief in the Debt Recovery Tribunal through a counter claim, learned counsel for the Bank stated that in view of the averments made with ^ regard to the valuation,the petition may be accepted. The respondent-M/s ^ Agarwal Enterpriseshas soughttransferofthe Suit No.268/2007pending in the -y Court of AdditionalDistrictJudge stating that his counter claim has been valued in excess of Rs.34 Lacs i.e. beyond the pecuniary jurisdiction of that Court. In the light of these submissions.Civil Suit No.268/2007pending on the file of Shrl S.K. Aggarwal,AdditionalDistrictJudge, Tis Hazari Court is hereby transferred and directed to be brought on the file of this Court. 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. r £ i

¶4Transfer Petition is allowed. Registry is directed to take steps to ensure that the record is brought and suitably registered as a fresh case. SEPTEMBER 16, 2009 /vd/ S. RAVINDRA BHAT, J

* IN THE HIGH COURT OF DELHI AT NEW DELHI TR.P. (C) 16/2008 ORIENTAL BANK OF COMMERCE Petitioner Through: Mr. Vipin Jai with Ms. Shaily, Advocates. versus v' M/S AGARWAL ENTERPRISES Respondent Through: Mr. T. Gupta, Advocate. cSl CORAM; HON'BLE MR. JUSTICE S. RAVINDRA BHAT