CM(M) 964/2022

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$~66

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CM(M) 964/2022 & CM APPL. 40525/2022, CM APPL.

40526/2022

GEETA RAI

..... Petitioner

Through:

Mr. Praveen Suri, Adv.

versus

PAWAN KUMAR KAKARIA

..... Respondent

Through:

None

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

J U D G M E N T (ORAL)

%

14.09.2022

1.

This petition, under Article 227 of the Constitution of India,

assails the following order, passed by the learned Principal District &

Sessions Judge (“the learned Pr. DSJ) on 5^th September 2022 in TP

116/2022 (Pawan Kumar Kakria v. Geeta Rai):

“TP No. 116/2022

Pawan Kumar Kakria vs Geeta Rai

05.09.2022

Present: Shri Harish Katyal, counsel for petitioner This

is fresh transfer petition. It be checked and registered.

At the outset, the expressions used in the petition

were explained by learned counsel for petitioner, fairly

admitting that the expressions were harsh. But learned

counsel for petitioner also explained at length the

circumstances in which according to him the present

petition was filed.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003719

CM(M) 964/2022

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Learned counsel for petitioner explained that

apprehension of bias leveled against the concerned

judicial officer is not baseless and in that regard, he

showed me two audio video clips in his mobile phone.

Of course, conscious about the sensitive nature of those

clips, the same were shown to me when the court room

was empty. Learned counsel also showed me a screen

shot of a Whatsapp message received by the petitioner

from respondent no. 1 from mobile phone which seems

to have been registered in the name of another judicial

officer, who is son of the present respondent no. 1.

Learned counsel also took me through order dated

27.08.2022 in the subject suit and order dated

20.07.2022 in another suit. The order dated 20.07.2022

dismissing the amendment application in the other suit is

stated to have been challenged before the Hon'ble Delhi

High Court.

In view of above material, a copy of this order

and the transfer petition in sealed cover be sent to the

concerned judicial officer with the request to send his

comments by the next date.

Subject to petitioner filing PF and RC within one

week, notice be issued to respondent returnable on

14.10.2022.”

(GIRISH KATHPALIA)

PRINCIPAL DISTRICT & SESSIONS JUDGE (HQs)

DELHI/05.09.2022”

2.

The prayer clause in this petition reads as under:

“a)

To call for the records of the case from the Court of

Shri Girish Kathpalia, Principal District & Session Judge

(HQs), District: Central, Tis Hazari Courts, Delhi in the case

titled as 'Pawan Kumar Kakaria versus Geeta Rai in Transfer

Petition No. 116/2022.

b)

To modify/set aside the order & judgment dated

5.9.2022, passed by the Court of Shri Girish Kathpalia,

Principal District & Session Judge (HQs), District: Central,

Tis Hazari Courts, Delhi in the case titled as 'Pawan Kumar

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003719

CM(M) 964/2022

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Kakaria versus Geeta Rai"; in Transfer Petition No. 116 /2022

in which the comments from the judicial officer i.e. Shri Hem

Raj, ADJ, District: Central, Delhi have been called without

giving any fair opportunity to the petitioner being heard and

to reply the same, therefore, the said order itself is perverse.

c)

Costs of the present petition be also awarded in favour

of the Petitioner and against the respondent.

d)

Any other order as may be deemed fit and proper in

view of the aforesaid facts and circumstances may also be

passed in favour of the Petitioner and against the

Respondent.”

3.

TP 116/2022, in which the impugned order has come to be

passed by the learned Pr. DSJ, sought transfer of the proceedings in

CS DJ 522/2020, from the court which was in seisin of the said

proceedings to another court. The application alleged, in no unc