SHASHI AGGARWAL Vs. A K AGGARWAL

JUDGEMENT

(1.) This transfer petition has been filed by Shri Shashi Aggarwal and others for transfer of seven suits, three of which are pending before the 3rd Senior Civil Judge, City Civil Court, Secunderabad; one before the VIth Senior Civil Judge, Ranga Reddy District Court; one before the Vth Senior Civil Judge, Ranga Reddy District Court; and the remaining two before the XIth Junior Civil Judge, City Civil Court, Secunderabad, to the High Court of Delhi.

(2.) As will be evident from the cause title of the said pending suits, the subject-matter of the said seven suits involve the affairs of the Vinedale Distilleries Ltd. between the persons in management. It appears that at one point of time there was a dispute regarding the management between two groups of the aforesaid company and various suits which were pending between them were transferred by this Court by its order dtd. 10/12/1993 passed in T.P.(C)No.304/93 etc. to the High Court of Delhi for disposal. In the order it was specified that the Chief Justice of the High Court would pass appropriate orders regarding listing of the matters before the appropriate Bench and it was also indicated that the pendency of the Special Leave Petitions would not stand in the way of the Delhi High Court from proceeding with the transferred cases. After the said order was passed by this Court and the matters were transferred to the Delhi High Court, it appears that on 13/2/1995 the Division Bench of the Delhi High Court disposed of an application for injunction and other interim reliefs filed by one of the groups and directed that the Aggarwal Group would continue in management of the company as the Court 's Receivers. It was also directed that any further orders in respect of the suits regarding Vinedale Distilleries Ltd. should be passed by the learned Single Judge of the Delhi High Court.

(3.) Disputes, however, continued regarding the management of the company between the members of the Aggarwal Group inter se which gave rise to different suits pending at Hyderabad. The cause of action for the said suits, however, appear to be, in one way or the other, connected with the control and management of the company which is still under the management of Receivers appointed by the Delhi High Court.