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Parle Agro Private Limited vs Surya Fresh Foods Limited on 4 June, 2021

Author: Rekha Palli

Bench: Rekha Palli

                             $~47
                             *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +     TR.P.(C.) 30/2021 & CM APPL. 18479/2021
                                   PARLE AGRO PRIVATE LIMITED                            ..... Petitioner
                                                       Through      Mr. Akhil Sibal, Sr. Adv. with Mr.
                                                                    Ankur Sangal, Adv.

                                                       versus

                                   SURYA FRESH FOODS LIMITED            ..... Respondent
                                                Through  Mr. N. Mahabir & Mr. P.C. Arya,
                                                         Advs.

                                   CORAM:
                                   HON'BLE MS. JUSTICE REKHA PALLI
                                           ORDER

% 04.06.2021 CM APPL. 18480/2021 & CM APPL. 18481/2021

1. Exemptions allowed, subject to all just exceptions.

2. A notarized affidavit be filed within two weeks of the Court resuming physical hearing.

3. The applications stand disposed of.

TR.P.(C.) 30/2021

4. The present petition has been filed under Section 24 r/w Section 151 of the Civil Procedure, 1908 seeking transfer of the suit being CS (COMM) No. 255 of 2020 titled Surya Fresh Foods Limited Vs. Parle Agro Pvt. Ltd. & Anr. pending before the District Court, Karkardooma (East), which has been filed by the sole respondent in these proceedings.

5. Learned senior counsel for the petitioner submits that the suit preferred by the petitioner before this Court involves similar issues as those Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:05.06.2021 13:09:39 raised in the suit instituted by the respondent before the District Court. He prays that since both these suits are pending consideration and are at the stage of completion of pleadings, the suit filed by the respondent be transferred to this Court so that it can be heard and decided by the learned Single Judge hearing the petitioner's suit Parle Agro Pvt. Ltd. Vs Surya Fresh Foods Limited CS (COMM) No. 145/2021, pending before this Court.

6. Issue notice. Mr. N. Mahabir accepts notice on behalf of the respondent and submits that the petitioner has not impleaded M/s Surender Cold Drinks Store which has been arrayed as defendant no.2 in the suit pending before learned District Court, Karkardooma (East).

7. Learned senior counsel for the petitioner makes an oral request for impleading M/s Surender Cold Drinks Store as party respondent no.2. The said prayer is accepted and M/s Surender Cold Drinks Store is impleaded as respondent no.2 in the present petition. Amended memo of parties be filed within three days.

8. Upon the petitioner taking steps, issue notice to respondent no.2-M/s Surender Cold Drinks Store, through all permissible modes including electronic mode returnable on 05.07.2021.

9. Mr. Mahabir, learned counsel for the respondent submits that though in principle he has no objection to the petition being allowed, this Court may consider passing the order of transfer only once respondent no.2/ M/s Surender Cold Drinks Store is duly represented before this Court. He, however, assures the Court that the respondent will request for an adjournment on the next date of hearing, i.e., 19.06.2021, in its suit pending before the Karkardooma Court.

10. List on 05.07.2021.

REKHA PALLI, J JUNE 4, 2021 kk Signature Not Verified DigitallySigned By:AWANISH CHANDRA MISHRA Signing Date:05.06.2021 13:09:39