Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: 7CS (COMM)143/23
M/S EASTMAN AUTO AND POWER LTD. Vs.
M/S GREEN KAIKETSU AUTOMOTIVE INDIA PVT. LTD.
06.06.2023.
Present : Sh. Aasheesh Gupta, Advocate, for the Plaintiff
with AR of the plaintiff.
Submissions of the Ld. Counsel for the plaintiff are
heard, regarding the period of limitation in filing the present suit,
partly. During the course of arguments, it has been disclosed by the
Ld. Counsel for the plaintiff that the plaintiff had instituted
previously a civil suit for recovery against the defendant on the
same ground and same cause of action and the same was marked to
the Court of Sh. Surinder S. Rathi, Ld. District Judge, Commercial
Court-03, SHD/KKD/Delhi, and was registered as CS(COMM) No.
480/22.
He has further submitted that the said suit was rejected
under order 7 Rule 11 CPC vide order dated 09.01.2023 for non-
compliance of Section 12A of the Commercial Courts Act, 2015.
In view of the submissions by the Ld. Counsel for the
plaintiff, this court is of the considered opinion that it would be
appropriate and expedient in the interest of justice, that the present
suit is also tried by the court of Sh. Surinder S. Rathi, Ld. District
Judge, Commercial Court-03, SHD/KKD/Delhi . Therefore, the
case file of the present suit be sent to the court of Ld. Principal
District and Sessions Judge, SHD/KKD, Delhi with a request to
transfer the present suit to the court of Sh. Surinder S. Rathi, Ld.
District Judge, Commercial Court-03, SHD/KKD/Delhi, for further
trial, in accordance with law.
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Plaintiff is directed to appear before the Ld. Pr. District
and Sessions Judge Shahdara District, KKD, Delhi on 07.06.2023 at
02:00 PM, for further necessary order.
Ahlmad is directed to send the complete file
immediately to the concerned court.
(Brijesh Kumar Garg)
aj District Judge (Commercial Court) - 01
Shahdara, Karkardooma Delhi/06.06.2023
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