TR.P.(C.)/198/2024 of DELHIVERY LIMITED Vs SS SUPPLY CHAIN SOLUTIONS PRIVATE LIMIED
Parties
- + TR.P.(C.) 198/2024 DELHIVERY LIMITED (PETITIONER)
- SS SUPPLY CHAIN SOLUTIONS PRIVATE LIMIED (RESPONDENT)
Cites (0 resolved of 2 detected)
2 case citations detected in this judgment's own text, but none resolved to a judgment page in this build yet.
Statutes cited (4)
- indian penal code, 408 (1860)
- code of criminal procedure, 82 (1973)
- constitution of india, article-226 (1950)
- constitution of india (1950)
Full text
solid underline = linked page · dashed underline = case is in our corpus, page not published yet · dotted red = recognized reference, not in our corpus
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 198/2024 DELHIVERY LIMITED
.....Petitioner
Through: Mr. Arjun Krishnan, Mr. Abhijeet Singh, Advs. Singh, Advs. versus
SS SUPPLY CHAIN SOLUTIONS PRIVATE LIMIED
.....Respondent
Through: None.
CORAM:HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R R% 03.03.2025
1.Respondent has failed to appear despite being served. The affidavit of service has also been filed by the learned counsel for the petitioner. service has also been filed by the learned counsel for the petitioner.
2.Learned counsel for the petitioner has produced the copy of the order dated 26.11.2024 in EXECUTION (COMM.) 255/2024 titled Delhivery Limited vs. SS Supply Chain Solutions Pvt. Ltd. whereby it was recorded by Ld. District Judge, Commercial Court-03, South-East, Saket Courts, Delhi that both the counsels had submitted that transfer petition is pending before the High Court. dated 26.11.2024 in EXECUTION (COMM.) 255/2024 titled Delhivery Limited vs. SS Supply Chain Solutions Pvt. Ltd. whereby it was recorded by Ld. District Judge, Commercial Court-03, South-East, Saket Courts, Delhi that both the counsels had submitted that transfer petition is pending before the High Court.
3.In the circumstances, the respondent has chosen not to appear, despite being served.
4.The present petition has been filed under Section 24 read with Section 151 CPC seeking transfer of EXECUTION (COMM.) No. 255/2024 titled Delhivery Limited vs. SS Supply Chain Solutions Pvt. Ltd. pending before Ld. District Judge (Commerical Court), South-East 151 CPC seeking transfer of EXECUTION (COMM.) No. 255/2024 titled Delhivery Limited vs. SS Supply Chain Solutions Pvt. Ltd. pending before Ld. District Judge (Commerical Court), South-East
District, Saket Court to this Court where O.M.P. (ENF.) (COMM.) No. 216/2024 titled Delhivery Ltd. V. SS Supply Chain Solutions Pvt. Ltd. is pending.
5.Learned counsel has submitted that both the petitions have arisen from the same award. Learned counsel submits that vide the amended award as pronounced on 24.04.2024 the two arbitration petitions bearing No. DIAC/3076/07-21 and DIAC/3077/07-21 were disposed of. Learned counsel submits that the execution petition bearing EXECUTION (COMM.) 255/2024 has arisen out of arbitration petition bearing No. DIAC/3077/07-21. Learned counsel submits that the enforcement petition bearing O.M.P. (ENF.) (COMM.) No. 216/2024 pending before this Court has arisen out of arbitration petition bearing No. DIAC/3076/07-21.
6.In the circumstances, as both the petitions have arisen out of from common award, the EXECUTION (COMM.) 255/2024 titled Delhivery Limited vs. SS Supply Chain Solutions Pvt. Ltd. is withdrawn from the Court of Ld. District Judge, Commercial Court-03, South-East, Saket Courts, Delhi and transferred to the present Court. The transferor Court is directed to send the entire record to the Ld. Registrar General.
7.Copy of the order be sent to Ld. Principal District and Sessions Judge, South-East, Saket Courts, New Delhi and Ld. Registrar General, Delhi High Court.
8.In view of the above, the present petition stands disposed of.
MARCH 3, 2025/AR/KR..
DINESH KUMAR SHARMA, J