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DELHI HIGH COURT
JAYANT NATH
Sigma Outsourcing Services Private Limited – Appellant
Versus
Rishi Kumar – Respondent
| Table of Content |
|---|
| 1. dispute over contractual obligations and damages. (Para 2 , 3 , 4 , 5 , 6) |
| 2. argument against joint trial due to differing parties. (Para 8) |
| 3. common questions of fact justify joint hearing of suits. (Para 10 , 11 , 12 , 14) |
| 4. application for transfer of suits allowed. (Para 15) |
| 5. directive to hear transferred suit together. (Para 16 , 17) |
JUDGMENT
Jayant Nath, J. (Oral)
This hearing is conducted through video conferencing.
IA No.12565/2021 (exemption)
Allowed subject to all just exception.
IA No.12564/2021
This application is filed by the plaintiffs seeking leave to file additional documents.
Learned counsel for the defendants state that the defendants have no objection to the same.
The application is allowed.
IA No.11456/2021
1. This application is filed under section 24(b) CPC for transfer of the suit bearing CS(COMM) No.272/2021 pending in the court of learned District Judge (Commercial), Patiala House Courts, New Delhi to be heard alongwith the present suit.
2. The plaintiffs have filed the present suit seeking the following reliefs:
"A. A decree for Damages to the tune of Rs.3,80,50,000/- in favour of Plaintiffs and against the Defendants, inter alia for:
The consolidation of suits is justified when both involve common issues of fact and law, ensuring judicial efficiency and consistency in rulings.
The court emphasized the right of shareholders to seek remedies in civil courts when concurrent NCLT proceedings exist, affirming jurisdiction based on personal obedience criteria for territorial sui....
The main legal point established in the judgment is that the Commercial Courts Act does not exclude the application of Section 24 of the CPC to commercial disputes of a specified value, and the power....
The court ruled that a plaintiff’s limited interest in property, dictated by the will, cannot be construed as absolute ownership; undue influence invalidates share transfers.
The court affirmed that Section 24(5) of the C.P.C. permits transferring a suit lacking jurisdiction to a Commercial Court, while addressing the provisions of the Commercial Courts Act concerning jur....
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