UNITECH INDUSTRIES LTD., Vs. AVDHESH KUMAR PANDEY

JUDGEMENT

(1.) THE petitioners themselves asked for transfer of the two cases i.e. Suit No. 377 of 2004 (Dharambir and others vs. Manohar Lal and others) and Suit No. 266 of 2007 ((M/s. Unitech Industries Ltd. And others vs. Avdesh Kumar Pandey and others)) and they were so transferred by the order of the learned District Judge, Gurgaon. They cannot now complain that Suit No. 377 of 2004 (Dharambir and others vs. Manohar Lal and others) has been decreed on 30 September, 2013 and the second suit (M/s. Unitech Industries Ltd. and others vs. Avdesh Kumar Pandey and others) filed by the petitioners remains pending. Adverse findings have been returned against the party in Dharambir's case, supra. Learned counsel admits that in Dharambir's case supra, his clients were impleaded by court order as party -defendants no. 24 to 27 and aggrieved by the judgment and decree of the learned trial court, the appeal has been filed before the learned Additional District Judge. After the result of the first suit was known, an application was preferred for transfer of Civil Suit No. 266 of 2007 titled M/s. Unitech Industries Ltd. and others vs. Avdesh Kumar Pandey and others from the court of Shri Amberdeep Singh, Civil Judge (Jr. Division), Gurgaon who had rendered decision in Dharambir's case, supra. In paragraphs 3 and 4 of the application, the plaintiffs have stated as follows: -

(2.) FOR the foregoing reasons, this petition is dismissed. However, nothing said in this order would prejudice the mind of the learned trial court while deciding the pending suit. The learned trial judge would pass the judgment after appreciating the evidence on record and hearing the learned counsel for both the parties.