Supreme Court - Daily Orders
Seema vs Daimler Financial Services India Pvt. ... on 28 February, 2024
Bench: J.K. Maheshwari, Sanjay Karol
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1922 OF 2023
SEEMA Petitioner(s)
VERSUS
DAIMLER FINANCIAL
SERVICES INDIA PVT. LTD. Respondent(s)
ORDER
The petitioner has filed this transfer petition seeking transfer of CC. No. 9925 of 2017 filed under Section 25 of the Payment and Settlement System Act, 2007 from the Court of XIII Metropolitan Magistrate, Egmore, 6 th Floor, Chennai to the competent Court of Dwarka Court, Delhi.
Despite service of notice on the respondent, no one has entered appearance on its behalf. However, vide order dated 12.01.2024, in order to give one more opportunity to the respondent to appear, fresh notice was issued. As per office report dated 27.02.2024, though service of fresh notice is complete on the respondent, no one has chosen to appear even today.
Having heard learned counsel for the petitioner and Signature Not Verified Digitally signed by considering the averments made in the transfer petition, in our Nidhi Ahuja Date: 2024.03.12 12:35:05 IST Reason: 1 TRANSFER PETITION (CIVIL) NO. 1922 OF 2023 view, it would be inconvenient to the petitioner, who is staying at Delhi, to attend the proceedings at Chennai.
In view of the foregoing and having considered the facts and circumstances of the case, we deem it appropriate to allow this transfer petition. Accordingly, CC. No. 9925 of 2017 filed under Section 25 of the Payment and Settlement System Act, 2007 is ordered to be transferred from the Court of XIII Metropolitan Magistrate, Egmore, 6th Floor, Chennai to the Court of Principal District and Sessions Judge, Dwarka Courts, Delhi, who may deal with the case himself and assign it to a Court of competent jurisdiction at Dwarka Courts.
Let the records of the case be transferred to the transferee Court without delay and an intimation be sent to both the Courts through email for compliance.
The transfer petition is, accordingly, allowed. Pending application shall stand disposed of.
…………………………………………., J.
[ J.K. MAHESHWARI ] …………………………………………., J.
New Delhi; [ SANJAY KAROL ]
February 28, 2024.
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TRANSFER PETITION (CIVIL) NO. 1922 OF 2023 ITEM NO.7 COURT NO.9 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Civil) No. 1922/2023 SEEMA Petitioner(s) VERSUS DAIMLER FINANCIAL SERVICES INDIA PVT. LTD. Respondent(s) (IA No. 149860/2023 - EX-PARTE STAY) Date : 28-02-2024 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. Jugul Kishor Gupta, AOR Mr. Dilip Kumar, Adv.
Ms. Babila K.K., Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The transfer petition is allowed in terms of the signed order.
Pending application shall stand disposed of.
(NIDHI AHUJA) (POOJA SHARMA)
AR-cum-PS COURT MASTER (NSH)
[Signed order is placed on the file.] 3