Delhi High Court - Orders
Medical Devices Endoscopy vs Nestiva Healthcare Pvt Ltd And Ors on 26 May, 2023
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(CRL.) 73/2023, CRL.M.A. 14738/2023 & CRL.M.A.
14740/2023.
MEDICAL DEVICES ENDOSCOPY ..... Petitioner
Through: Ms. Manisha Mehta, Adv.
versus
NESTIVA HEALTHCARE PVT LTD AND ORS ..... Respondents
Through: None.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 26.05.2023 CRL. M.A. 14739/2023 (Exemption)
1. Exemption is allowed subject to all just exceptions.
2. Application is disposed of.
TR.P.(CRL.) 73/2023
1. This petition has been filed for seeking transfer of four matters arising out of Section 138 of the Negotiable Instrument Act filed by the petitioner/complainant in order to try together with fourteen other matters, which are being heard by the Ld. M.M.-01, South East District, Saket Courts. The issue arises out of supply of medical equipments to the respondents by the petitioner, for which the payments were provided through cheques in favour of the petitioner, however, dishonoured despite supply of the said medical devices to the respondents. Fourteen of these complaints are pending before the Ld. M.M. (N.I. Act) Digital Court-01, South East, Saket Courts, New Delhi, however, four other connected complaints are listed before other Courts viz. two complaints before the Ld. M.M. Digital Court-04, South District, Saket Courts, New Delhi; one before Ld. M.M. This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 11:23:38 Digital Court-03, South District, Saket Courts, New Delhi and the fourth one before the Ld. M.M. (N.I. Act), Digital Court-02, South District, Saket Courts, New Delhi.
2. In view of these facts and circumstances, it is directed that the above mentioned four complaints i.e. two complaints bearing No.5076/2022, 5077/2022 before the Ld. M.M. (N.I. Act), Digital Court-04 (South), Saket Courts, New Delhi, complaint No.5079/2022 before the Ld. M.M. (N.I. Act) Digital Court-03 (South), Saket Courts, and complaint No.5080/2022 before the Ld. M.M. (N.I. Act) Digital Court-02 (South), Saket Courts, New Delhi, are accordingly transferred to the Ld. M.M. (N.I. Act) Digital Court-01, South East, Saket Courts, New Delhi.
3. All these matters are at the stage of pre-summoning evidence and since summons have not been issued, the notices are not being issued to the respondents herein.
4. Copy of the said order be sent to the Principal District & Sessions Judge (South), Saket Courts, New Delhi, for information and compliance and to the Principal District & Sessions Judge (South-East), Saket Courts, New Delhi, for allocation of these matters to the appropriate Court.
5. List before the Principal District & Sessions Judge (South-East), Saket Courts, New Delhi, on 01.06.2023 at 2.00 p.m. for further directions.
6. Petition is disposed of. Pending applications, if any, are disposed of as infructuous.
7. Order be uploaded on the website of this Court.
ANISH DAYAL, J MAY 26, 2023/kct This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 11:23:38