Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: TP(C) No. 05/2023
Vipin Kumar vs Anil Yadav
16.01.2023
Present : Shri Chaman Sharma counsel for petitioner
Shri G.K. Chauhan counsel for respondent no. 1
Shri Vinod Kumar, counsel for respondent no. 3
Learned counsel for petitioner has returned the dasti
notices and it is submitted by all present that these notices were
sent by WhatsApp to counsel for respondent no. 1 and 3, who
seek and are allowed two weeks to file reply with vakalatnama
after supply of copy of petition which shall be done within three
days.
As regards respondent no. 2 it is submitted by both
sides that respondent no. 2 has been exparte before the
concerned court. As such, there is no need to issue notice of this
petition to respondent no. 2.
Further, in response to last order the learned
concerned judicial officer has sent her comments denying the
allegations leveled by the petitioner, but has also sent the original
judicial record of the subject proceedings with the request to
transfer the same.
I examined the order dated 27.10.2022 of the
concerned court from judicial record in the light of allegations in
the transfer petition. On being asked to make further
submissions, learned counsel for petitioner stated that the
concerned judicial officer made certain objectionable utterances
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in court. But both learned counsel for respondents strongly
denied that the concerned judicial officer made any such
uncharitable remarks in court. Since notice of this transfer
petition was served through WhatsApp, I read over the
unwarranted remarks attributed in the petition to the concerned
judicial officer. But both learned counsel for respondents stated
that no such remarks were made by the concerned judicial
officer. In order to ascertain truth, affidavit of petitioner,
testifying the contents of this petition be filed by the next date.
In the meanwhile, having examined the judicial
record, at present I find no reason to withhold the judicial record
in this court. The anguish expressed by the concerned judicial
officer is understandable but transfer of judicial proceedings
must be dealt with all caution, so that it does not become a tool
for forum shopping. As per order dated 27.10.2022, the matter
has been listed by the concerned court for petitioner's evidence
on 18.01.2023 and before that date, decision of this court is not
possible. Therefore, the original judicial record of the subject
proceedings along with copy of this order be sent back to the
concerned court clarifying that there is no stay on trial court
proceedings.
Relist on 14.02.2023.
(GIRISH KATHPALIA)
PRINCIPAL DISTRICT & SESSIONS JUDGE (HQs)
DELHI/16.01.2023
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