Delhi High Court
Delhi Development Authority vs M/S Punjab Kesari Publishers Pvt. ... on 1 May, 2023
Neutral Citation Number 2023:DHC:3027
$~55
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 01.05.2023
+ CM(M) 697/2023 & CM APPLs. 21756-57/2023
DELHI DEVELOPMENT AUTHORITY ..... Petitioner
versus
M/S PUNJAB KESARI PUBLISHERS PVT. LTD.
AND ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Ms. Manika Tripathy, Mr. Animesh Gaba
and Mr. Shiva, Advs.
For the Respondent : Mr. Raj Shekhar Rao, Sr. Adv. with Mr.
Rohan Jaitley and Mr. Dhruv Chawla,
Advs. for R-1
Mr. Chirag Madan, Adv. for R-2/MCD
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)
[ The proceeding has been conducted through Hybrid mode ]
1. The petitioner challenges the order dated 28.01.2023 whereby on
an application under Section 24 CPC, 1908 filed by the respondent in
suit bearing No. 576079/2016 titled 'M/s. Punjab Kesari Publishers Vs.
DDA' pending in the Court of learned ADJ-03, Rohini Courts, North
West, was withdrawn and resumed by the learned Principal District &
Sessions Judge, North West District, Rohini Courts.
2. Ms. Tripathy, learned counsel appearing for the petitioner submits
by pointing at the application that there was no such ground made out
Signature Not Verified
Digitally Signed
Signing Date:04.05.2023
17:09:51
Neutral Citation Number 2023:DHC:3027
which would fall within the purview of Section 24 CPC, 1908 and on
the mere ipse dixit of the learned District & Sessions Judge, the matter
was withdrawn from the Court of learned ADJ-03, Rohini Courts, North
West.
3. Ms. Tripathi submits that this kind of impugned order would be
deleterious to the morale of the judicial officers.
4. Per contra, Mr. Rajshekhar Rao, learned senior counsel appearing
for the respondent No.1 on advance notice submits that the petition is
not maintainable, for the reason that, subsequent to the impugned order,
the application under Order XXXIX Rule 1 & 2 CPC, whereon the
dispute had arisen, had already been heard by the Principal District &
Sessions Judge, North West, Rohini Court on 02.02.2023 at the request
of the petitioner herein and after hearing both the parties, by the order
dated 02.02.2023 confirmed the interim orders passed under Order
XXXIX Rule 1 & 2 CPC by the predecessor Court.
5. Mr. Rao submits that much water has flown and therefore the
impugned order cannot now be recalled at this stage.
6. On a consideration of the submission of the learned counsel
appearing for the parties as well as on being apprised of the order dated
02.02.2023, passed by the Principal District & Sessions Judge, North
West, Rohini Court, this Court is of the considered opinion that the suit
can continue further before the said Principal District & Sessions Judge,
North West, Rohini Court and the application under Order VI Rule 17
CPC stated to be pending may be taken up for consideration on the next
date of hearing.
7. This order does not reflect upon the learned Judicial Officer who
Signature Not Verified
Digitally Signed
Signing Date:04.05.2023
17:09:51
Neutral Citation Number 2023:DHC:3027
was in seisin of the said suit before the impugned order was passed and
nor would the impugned order be considered as reflecting upon the said
Judicial Officer in any manner whatsoever.
8. This Court is of the considered opinion that though the
application seeking transfer under Section 24 of CPC, 1908 did not
have the requisite grounds for interference as taken into consideration by
the impugned order, however, since the learned Principal District &
Sessions Judge, North West, Rohini Court, has already commenced the
proceedings, it would be in the interest of justice to permit the
continuation of the said case before the Principal District & Sessions
Judge, North West, Rohini Court.
9. In view of above, the petition is disposed of with no order as to
costs.
TUSHAR RAO GEDELA, J .
MAY 1, 2023/ms
Signature Not Verified
Digitally Signed
Signing Date:04.05.2023
17:09:51
