M/S KOCHHAR BUILDERS vs M/S AQUARIUS PROMOTERS PRIVATE LIMITED & ORS.
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 01.12.2023
+ TR.P.(C.) 141/2023
M/S KOCHHAR BUILDERS
….. Petitioner
Through: Mr.Dheeraj Gupta, Adv.
versus
M/S AQUARIUS PROMOTERS PRIVATE LIMITED & ORS.
….. Respondents
Through: Mr.Ajay Khanna, Adv. for R-1.
Mr.Abhimanyu Walia, Adv. for R-2 & R-3.
CORAM:
HON’BLE MR. JUSTICE NAVIN CHAWLA
NAVIN CHAWLA, J. (ORAL)
1. This petition has been filed seeking transfer of the Suit filed by the respondent nos.2 and 3 herein, being CS DJ 725/2022 (erstwhile CS (OS) 1434/2015′), titled Ajay Kumar Jangeed & Anr. v. M/s Aquarius Promoters Pvt. Ltd., pending adjudication before the Court of the learned Additional District Judge-02, South-East District, Saket Court, New Delhi, to be tagged along with the Suit filed by the petitioner herein, being CS DJ 210280/2016, titled as M/s Kochhar Builders v. M/s Aquarius Promoters Pvt Ltd, pending adjudication before the court of the learned Additional District Judge-04, South-East District, Saket Court.
2. The learned counsel for the petitioner submits that both the Suits, inter alia, relate to the same property, that is, the property bearing no. JA-0704, 7th Floor, DLF Towers, Tower-A, Jasola, Delhi. He submits that while the respondent nos.2 and 3 in their Suit pray for, inter alia, cancellation of the Agreement to Sale dated 05.10.2011 executed by the respondent nos.2 and 3 with the respondent no.1 herein, the petitioner in its Suit prays for Specific Performance of the Agreement to Sell dated 19.11.2011, 01.02.2012, and the addendums dated 23.01.2013 and 05.01.2014, executed between the petitioner and the respondent no. 1 herein. He submits that as both the Suits relate to the same property and, in fact, the respondent nos.2 and 3 herein have already been impleaded in the Suit filed by the petitioner, the two Suits should be clubbed together for consideration.
3. On the other hand, the learned counsel for the respondent nos.2 and 3 opposes this prayer by submitting that the Suit filed by the respondent nos.2 and 3 is at the stage of final hearing, as evidence of the parties has already been recorded. He submits that in the said Suit, though the petitioner has filed an application under Order I Rule X of the Code of Civil Procedure, 1908 (in short, CPC), it is yet to be impleaded as a party. He submits that, therefore, the present petition cannot be allowed.
4. The learned counsel for respondent no.1 submits that the Suit filed by the respondent nos.2 and 3 is false and is liable to be dismissed.
5. I have considered the submissions made by the learned counsels for the parties.
6. From the above narration of the facts by the learned counsels for the parties, it is apparent that the respondent nos.2 and 3 filed their Suit in the year 2015. The petitioners Suit has also been pending adjudication since 2016. Though the petitioner has filed an application under Order I Rule X of the CPC in the Suit filed by the respondent nos.2 and 3, it is yet to be impleaded as a party in the said Suit. The Suit filed by the respondent nos.2 and 3 is stated to be at the stage of final hearing, while in the Suit filed by the petitioner, issues are yet to be framed.
7. In view of the above facts, the prayer made by the petitioner in the present petition cannot be granted. One of the objects of the transfer of the Suits is to prevent inconvenience to the parties to lead evidence in multiple Suits raising similar issues. In the present case, while the evidence already stands recorded in the Suit filed by the respondent no. 2 and 3, issues are yet to be framed in the Suit filed by the petitioner herein. Petitioner is also not a party to the Suit filed by the respondent no. 2 and 3.
8. The petition is, accordingly, dismissed. There shall be no order as to costs.
9. Any observation made in this order shall not, in any manner, affect the rights and contentions of the parties in the two Suits or in the applications pending therein.
NAVIN CHAWLA, J
DECEMBER 1, 2023/rv/AS
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TR.P.(C.) 141/2023 Page 3 of 4