Delhi HC declines to transfer rent recovery suit, imposes 50,000 cost for 'imaginary story'

New Delhi, Oct 3 (IANS) The Delhi High Court has dismissed a petition seeking the transfer of a rent recovery suit from the Tis Hazari Court, terming the plea as “a figment of infertile imagination” and imposing a cost of Rs 50,000 on the petitioners.

A single-judge Bench of Justice Saurabh Banerjee was hearing a petition seeking the transfer of a suit for recovery of rent, mesne profits, and damages from Commercial Court-01, Tis Hazari, to any other competent court within the same district.

The petitioners alleged bias on the part of the trial judge, claiming he had “allegedly addressed one of the persons standing in the Court in a friendly manner,” purportedly associated with the respondents.

However, Justice Banerjee of the Delhi High Court found the allegations baseless, observing that “the present petition is based on mere whims and fancies”.

“The present petition is nothing but a figment of infertile imagination of the petitioners with bald assertions without any basis,” added the Delhi High Court.

In its order, Justice Banerjee noted that the petitioners had actively participated in proceedings before the trial court, including appearing in person on multiple dates and had also filed their written statements, statements of truth and admission, and affidavits.

The Delhi High Court also noted that a similar transfer petition had earlier been filed before the Principal District and Sessions Judge but was subsequently withdrawn, yet “ the petitioners have not filed the same along with the present petition”.

“Surprisingly, despite thereto, the petitioners have chosen neither to aver anything qua them in detail nor to file any of the aforesaid before this Court,” it said.

“The petitioners by way of the present petition are trying to cast unwarranted, fictitious and fallacious aspersions by making flimsy, misleading and mythical assertions on a sitting Judge… contrary to the records before this Court but also without any backing thereto,” observed Justice Banerjee.

Finding no merit in the petition, the Delhi High Court dismissed the plea and ordered the petitioners to deposit Rs 50,000 with the Delhi High Court Bar Association Lawyers Social Security and Welfare Fund.

“This Court, in any event, takes a serious objection to the filing of the present petition, and that too by making and cooking up an imaginary story,” the order stated.

--IANS

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