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Social Work And Research Centre vs Barefoot College International And Ors on 12 December, 2022

Author: C.Hari Shankar

Bench: C.Hari Shankar

                  $~19 (Original)
                  *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +      CS(COMM) 827/2022
                         SOCIAL WORK AND RESEARCH CENTRE     ..... Plaintiff
                                      Through: Mr. Aditya Gupta and Mr.
                                      Sauhard Alung, Advs.

                                            versus

                         BAREFOOT COLLEGE
                         INTERNATIONAL AND ORS.                ..... Defendants
                                      Through: Mr. Jayant Mehta, Sr. Advocate
                                      with Mr. Kartik Yadav, Mr. Parinay T.
                                      Vasandani and Mr. Siddharth Vyas, Advs.
                         CORAM:
                         HON'BLE MR. JUSTICE C.HARI SHANKAR
                                            ORDER

% 12.12.2022

1. This matter has been received by the Court consequent to transfer from the Court of the learned District Judge.

2. Mr. Aditya Gupta, learned Counsel for the plaintiff submits that this suit was transferred to this Court consequent to the plaintiff enhancing the damages claimed in the suit, resulting in the suit ceasing to be amenable to the pecuniary jurisdiction of the learned Trial Court.

3. He also submits that, in fact, arguments on the plaintiff's application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) and on the defendants' application under Order VII Rule 11 of the CPC were heard and orders were reserved, when the matter was transferred to this Court.

4. As such, the Registry is directed to register to the plaintiff's application under Order XXXIX Rules 1 and 2 of the CPC and the defendants' application under Order VII Rule 11 of the CPC.

5. List both the applications for hearing and disposal on 6th January 2023 before the Court.

CS(COMM) 827/2022

6. Insofar as CS(COMM) 827/2022 is concerned, Mr. Jayant Mehta, learned Counsel for the defendants submits that, consequent to the amendment in the plaint, the defendants would have to file an amended written statement.

7. As such, list before the learned Joint Registrar for completion of pleadings, admission and denial of documents and marking of exhibits on 22nd February 2023. Thereafter, the suit would be placed before the Court for case management and further proceedings.

C.HARI SHANKAR, J DECEMBER 12, 2022 rb Signature Not Verified Digitally Signed By:KAMLA RAWAT CS(COMM) 827/2022 Page 2 of 2 Signing Date:14.12.2022 11:07:34