Hotel Scopevista Ltd. vs Shri Shobhnath Singh
2004 Latest Caselaw 1292 Del

Citation : 2004 Latest Caselaw 1292 Del
Judgement Date : 10 November, 2004

Delhi High Court

Hotel Scopevista Ltd. vs Shri Shobhnath Singh on 10 November, 2004

Equivalent citations: 116 (2005) DLT 40, 2005 (79) DRJ 169

Author: M Mudgal

Bench: M Mudgal

JUDGMENT

Mukul Mudgal, J.

1. After perusing the affidavit of service filed on behalf of the petitioner in addition to the process server's report dated 6th November, 2004, service has been effected and I am further satisfied that the respondent is deliberately evading the service and accordingly the service is deemed to be complete. Since no one appears for the respondent, the matter is directed to be proceeded ex-parte against the respondent. Accordingly the matter is taken up today.

2. This petition on behalf of the petitioner under Section 24 r/w Section 151 of the Code of Civil Procedure, 1908(in short the `CPC') seeks transfer of the suits between the parties to the present petition, pending before the District Courts, Delhi as prayed in Paras 11 to 16 of the petition.

3. After considering the facts narrated in the petition and after perusing the provisions of Section 24(1)(b) of the CPC permitting the withdrawal of the suit pending in the subordinate courts for disposal before this Court, I am satisfied that the ends of justice will be met if the suits narrated in Paras 11 to 16 of the petition are transferred to this Court.

4. Accordingly the petition is allowed. The cases set out in Paras 11 to 16 of the petition stands transferred to this Court. The registry of the District Court, Tis Hazari is directed to ensure that the records of the suits be sent to this Court. In addition the petitioner is permitted to file a complete set of the records of the suits mentioned in Paras 11 to 16 of the petition so that the hearing in these matters is not delayed. These matters be listed before the Court on 10th December, 2004.

5. Mr. Mata, the learned counsel for the petitioner makes a submission that even though his client is not obliged to do so in law but as a measure of equity and to show its bona fides it will provide the respondent totally free of charge residential accommodation inclusive of water and electricity within a radius of 5 kilometers of the existing quarters No.13 & 14 under the respondent's occupation during the pendency of the proceedings.

6. This petition stands allowed and disposed of accordingly.

7. A copy of this order is permitted to be served dusty on the respondent.