Bimla Aggarwal v. M/S Gupta International & Ors

JAYANT NATH, J NOVEMBER 02,2016 n CMCM]836/2013 "

* m THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision : 2.11.2016 + TR.P.(C.) 117/2016 & CM Nos.38068-38069/2016 HIMLA AGGARWAL- Petitioner Through Mr.P.D.Gupta, Sr.Adv.with Mr.Abhishek Gupta, Advocate versus ' M/S GUPTA INTERNATIONAL & ORS Respondent Through Mr.Anil Kumar Gupta, Ms.Nishtha Garg and Mr.Abhishek Rana, Advocates for R-1 to R-3 CORAM: HON'BLE MR. JUSTICE JAYANT NATH JAYANT NATH. J. (ORALV 1. By the present petition filed under section 24 of the Code of Civil Procedure the petitioner seeks transfer of Suit No.226 72016 (re-numbered as CS(OS)612827/2016) titled as M/s Gupta International and Others vs. Ashok Kumar Singhal & Another pending in the court of Ms.Savita Rao, Additional District Judge (West) to be tried before Commercial Division of this court. The admitted case of the parties is that the subject matter of the suit is a commercial dispute. M/s Gupta International, Smt.Bimla Gupta and Shri Om Prakash Gupta i.e. the respondents No.l to 3 filed a suit against the petitioner and respondent No.4 on the original side of this Court in respect of a dispute relating to partnership agreement between the parties. The suit .--2 CM(M)836/2013 Page i was transferred by this Court vide order dated 10.5.2016 to the Court of Additional District Judge, West in view of Notification No.27187/DHC/ Orgl. Dated 24.11.2015. 2. The petition relies upon a circular of this Court dated 28.4.2016 to contend that the suit is now to be tried by a Commercial Division of this court. 3. Learned senior counsel appearing for the petitioner relies upon a judgment of this Court in the case of Kamal Sharma & Ors. vs. Blue Coast Infrastructure Development Pvt Ltd., 229(2016) DLT 438 to contend that in pending suits involving commercial disputes which were pending before this Court and were transferred to the District Court vide notification ^ No.27187/DHC/Orgl. dated 24.11.2015 are to be re-transferred back to this court to be heard by the Commercial Division of this Court. 4. The notification dated 28.4.2016 issued by the Registrar General of this Court reads as follows:- "Hon'ble the Chief Justice vide Notification dated 28*'' April, 2016 has been pleased to order issuance of the following addendum to Notification No.27187/DHC/Orgl. dated 24.11.2015:- "All suits and applications covered by the first proviso to Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 filed or pending as on 26.10.2015 on ^ the Original Side of the Delhi High Court, shall remain in the Delhi High Court and shall be heard and disposed of by the Commercial Division of Delhi High Court." In terms of the said addendum, all suits and applications relating to commercial disputes stipulated by an Act to lie in a Court not CMCM)836/2013 Page 2 inferior to a District Court, which have been transferred to the District Courts pursuant to the Notification No.27187/DHC/Orgl. Dated 24.11.2015 shall be recalled back to the Delhi High Court for being heard and disposed of by the Commercial Division of Delhi High Court. Parties to such suits or applications may also approach the concerned District Courts for sending such suits or applications to Delhi High Court for disposal by the Commercial Division of Delhi High Court. All siich suits and applications that shall be recalled^ on receipt from the District Courts, in the first instance shall be listed before the Joint Registrars for fixation of dates for listing before the Commercial Division of the Delhi High Court." 5. The said Notification dated 28.4.2016 is issued as an addendum to the t earlierNotification dated 24.11.2015. The said Notification dated 28.4.2016 ^ states that suits and applications of commercial disputes which were transferred to the District Court vide Notification dated 24.11.2015 are to be recalled back to be heard by the Commercial Division of this Court. 6. This court in the case of Kamal Sharma & Ors. vs. Blue Coast Infrastructure Develop