M/S Connoisseur Foods ... vs Delhi Tourism And Transportation ...
2022 Latest Caselaw 1814 Del

                         $~11
                         *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                         +      TR.P.(C.) 14/2022 & CM APPL.12990/2022 (stay)

                                M/S CONNOISSEUR FOODS HOSPITALITY SERVICES
                                THROUGH ITS PROPRIETOR MS. RICKY CHAWLA

                                                                                          ..... Petitioner

                                                   Through:      Mr. Kamlesh Mahajan, Advocate.

                                                   versus

                                DELHI TOURISM AND TRANSPORTATION DEVELOPMENT
                                CORPORATION LIMITED THROUGH ITS AUTHORISED
                                REPRESENTATIVE

                                                                                        ..... Respondent

                                                   Through:      Mr. Nubair with Mr. Sanyam Saxena
                                                                 with Ms. Bandana Kaur Grover and
                                                                 Mr. Suyash Rawat, Advocates.


                         %                                  Date of Decision: 01st June, 2022.
                         CORAM:
                         HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

                                                      JUDGMENT

DINESH KUMAR SHARMA, J. (Oral)

1. Present petition under Section 24 of CPC has been filed by the petitioner for transfer of the execution petition No. 914 of 2019 titled Delhi Tourism and Transportation Development Corporation Limited Vs M/s Connoisseur Food and Hospitality Service, pending in the Court of Sh.

Signature Not Verified Digitally Signed By:RAJ BALA Signing Nikhil Chopra, ADJ, South, Saket Court, New Delhi to the Court of Sh. Gurvinder Pal Singh, ADJ, Commercial Court, Patiala House Court, New Delhi.

2. It has been stated that the learned District Judge, Commercial Court, Patiala House is already dealing OMP(COMM.) No.150/2019 whereby the objections under Section 34 has been filed by the petitioner. It is an admitted case that both the proceedings have arisen out of the same Award.

3. The respondent/non-applicant is objecting to the transfer of the execution petition predominantly on two grounds. Firstly, the execution petition was filed in the year 2019 and the applicant petitioner had been appearing before Saket Court but this plea was never taken. It has been stated that the Court now at Saket was about to execute the Award and therefore the present application has been moved only to delay the proceedings.

4. It is a matter of record that the respondent despite opportunity having been given has not filed reply to the application. Section 24 of the CPC confers power upon the High Court to transfer any suit, appeal or other proceedings pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same. Section 24 (2) provides that where any suit or proceeding has been transferred or withdrawn under sub-Section (1), the transferee court may subject to any special direction in the case of an order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn. Thus, Section 24 (2) makes it clear that in absence of any specific direction, the transferee court shall carry on

Signature Not Verified Digitally Signed By:RAJ BALA Signing the proceedings from the point at which it was transferred from the transferor court. Thus, the apprehension of the respondent regarding delay has no basis.

5. In these circumstances, the execution petition No. 914 of 2019 titled Delhi Tourism and Transportation Development Corporation Limited Vs M/s Connoisseur Food and Hospitality Service, pending in the Court of Sh. Nikhil Chopra, ADJ, South, Saket Court, New Delhi is transferred to the Court of Sh. Gurvinder Pal Singh, ADJ, Commercial Court, Patiala House Court, New Delhi.

6. The execution petition shall be placed before the court of Sh. Gurinder Pal Singh, ADJ, Commercial Court, Patiala House Courts, New Delhi on 12th July, 2022 for disposal in accordance with law.

7. With the aforesaid directions, the petition along with pending application stands disposed of.

DINESH KUMAR SHARMA, J June 01, 2022 st

Signature Not Verified Digitally Signed By:RAJ BALA Signing