Final Order 3

Order Details: COPY OF ORDER
Pdf Text: T. P. Crl. No.40/2024
Navneet Gopal Malhotra Vs. The State of NCT of Delhi & Ors.
18.12.2024
Present : Sh. Gaurav Mishra, proxy for Sh. Puneet Goyal,
Counsel for applicant.
Sh. A.K. Mishra, Ld. Chief PP for the State/non
applicant no.1.
Non applicant no.2 in person, for herself as well as
for other non applicants no.3 and 4 who are her
children.
Matter is passed over for appearance of the main
counsel of applicant. Re-notify today at 12:00 noon.
(RENU BHATNAGAR)
Principal District & Sessions Judge
Shahdara, KKD Delhi/18.12.2024
At 11:45 am
Present : Sh. Puneet Goyal, Ld. Counsel for applicant.
Sh. A.K. Mishra, Ld. Chief PP for the State/non
applicant no.1.
Non applicant no.2 in person, for herself as well as
for other non applicants no.3 and 4 who are her
children.
Ld. Counsel for applicant submits that non applicant
no.5 is the proforma party in this transfer application and the
applicant does not wish to proceed against her and therefore her
name be deleted. Separate statement of the counsel is recorded
to this effect. In view of the statement of the counsel, the name of
non applicant no.5 is deleted from the array of parties.
Non applicant no.2 submits that she does not wish
to file reply of the transfer application and has no objection if the
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same is allowed and the matter is transferred to any court. Her
separate statement is recorded wherein she has stated that she is
making this statement voluntarily on her behalf as well as on
behalf of non applicants no.3 and 4 that she does not wish to file
reply of the transfer application and has no objection if the same
is allowed. That she has not engaged any counsel in this matter
and that she has brought her Aadhaar Card as proof of her
identity, copy of which is Ex.P1 (OSR).
This is an application filed by applicant Navneet
Gopal Malhotra under Section 448 of BNS, seeking transfer of his
appeal bearing No.214/2024, titled as ‘Navneet Gopal Malhotra Vs.
Gauri Malhotra’, pending in the court of Ms. Surbhi Sharma Vats,
Ld. ASJ, Shahdara District, KKD Courts, Delhi, to the court of Sh.
Kumar Rajat, Ld. ASJ, Shahdara District, KKD Courts, Delhi,
where the appeal bearing No.197/2024, titled as ‘Gouri Malhotra
Vs. Navneet Gopal Malhotra’, filed by non applicant no.2 herein, is
pending for adjudication.
It is submitted that since both the appeals are assailing
the common order dated 30.07.2024 and parties are same, therefore,
in order to avoid any conflicting order it is desirable that both the
appeals be tried together before one court. Hence, it is prayed
that his appeal bearing No.214/2024, titled as Navneet Gopal
Malhotra Vs. Gauri Malhotra, be transferred from the court of Ms.
Surbhi Sharma Vats, Ld. ASJ, Shahdara District, KKD Courts,
Delhi, to the court of Sh. Kumar Rajat, Ld. ASJ, Shahdara District,
KKD Courts, Delhi.
I have heard submissions of both the sides and have
perused the record.
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In view of the no objection of non applicant no.2
and to avoid conflicting orders, the appeal bearing CA
No.214/2024 is withdrawn from the court of Ms. Surabhi Sharma
Vats, Ld. ASJ-04, Shahdara District, KKD Courts, Delhi and is
transferred to the court of Sh. Kumar Rajat, Ld. ASJ-07,
Shahdara District, KKD Courts, Delhi, to be tried as per law with
the connected appeal appeal bearing CA No.197/2024, filed by
non applicant no.2 herein.
Transfer application stands disposed of as allowed.
Parties are directed to appear before Ld. Transferee
Court on 21.12.2024.
Copy of this order be sent to both the courts for
compliance of the directions.
The transfer application file be consigned to record
room.
(RENU BHATNAGAR)
Principal District & Sessions Judge
Shahdara, KKD Delhi/18.12.2024
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