Ramesh Kumar Mathur vs Smt. Kamlesh Dhingra (Now ...
2022 Latest Caselaw 2499 Del

                          $~11
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     TR.P.(C.) 23/2022

                                RAMESH KUMAR MATHUR                                ..... Petitioner
                                                    Through:   Mr. D.V. Khatri, Advocate.
                                                    versus

                                SMT. KAMLESH DHINGRA (NOW DECEASED) & ORS.
                                                                                      ..... Respondents
                                                    Through:   Mr. Prateek Khanna with Mr. Arun
                                                               Khanna, Advocates for respondent
                                                               No.2.
                                                               Mr. Vinod Kumar, Advocate for
                                                               respondent No.3.

                          %                                    Date of Decision: 17th August, 2022.
                          CORAM:
                          HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
                                              JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

1. This is a petition under Section 24 CPC for transfer of an application under Section 340 Cr.P.C. bearing Misc. No. 11264/2016 titled Ramesh Kumar Mathur versus Kamlesh Dhingra & Ors. pending in the Court of learned Additional District Judge-02, (East), Karkardooma Court, Delhi to the Court of Sh. Rajinder Kumar, ADJ, North West, Rohini Courts, Delhi where the suit bearing C.S. No. 576/2009/99 (New case No.1550/2016) is pending.

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:20.08.2022 15:34:27

2. It has been submitted that an application under Section 340 Cr.P.C. was filed in the above noted case but due to the separate numbering of the aforesaid application under Section 340 Cr.P.C., the said application could not be transferred along the suit at the time of the transfer of the said suit by this Court vide its order dated 03.09.2019.

3. In view of the submissions made, the application under Section 340 Cr.P.C. bearing Misc. No. 11264/2016 titled Ramesh Kumar Mathur versus Kamlesh Dhingra & Ors. is withdrawn from the Court of learned Additional District Judge-02, (East), Karkardooma Court, Delhi and is assigned to the Court of Sh. Rajinder Kumar, ADJ, North West, Rohini Courts, Delhi or his successor Court.

4. Let copy of the orders be sent to learned Principal District & Sessions Judge (East) and learned Principal District & Sessions Judge (North-West). The transferee Court is directed to send the entire record of the case file to the transferor Court.

5. Parties are directed to appear before Sh. Rajinder Kumar, ADJ, North West, Rohini Courts, Delhi on 12th September, 2022.

6. Accordingly, present petition stands disposed of.

DINESH KUMAR SHARMA, J AUGUST 17, 2022 st

Signature Not Verified Digitally Signed By:PALLAVI VERMA Signing Date:20.08.2022 15:34:27