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IN THE HIGH COURT OF DELHI ORIGINAL CIVIL JURISDICTION TRANSFER

PETITION (CIVIL) NO. _____ OF 2022

IN THE MATTER OF:

TFF CANCER FOUNDATION AND DELHI DISCOVERY HOSPITAL …PLAINTIFF’S

AND

JJ DIAGNOSTICS …DEFENDANT

(UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, READ WITH ORDER


XXXVI, SUPREME COURT RULES.)

TRANSFER OF CIVIL PETITION NO.______ FILED BY THE PLAINTIFF’S AGAINST


THE DEFENDANTS PENDING IN THE HIGH COURT OF DELHI TO THE HIGH COURT
OF JUDICATURE AT BOMBAY.

It is humbly submitted as follows:

1. The plaintiff in the above-mentioned Transfer original petition is the respondent in the
suit referred above. The deponent is well conversant with the facts and circumstances of
the case and competent to swear this affidavit. The deponent will be referred to as the
plaintiff hereinafter.
2. The transfer of the suit is a well-established provision of law and is required in the
present case at hand keeping gin mind the fact that the defendant resides and carries out
business in the State of Maharashtra and the primary office of the defendant is also in
Maharashtra.
3. That in view of the aforementioned circumstances, the defendant deserves and prays that
the suit be transferred from the files of the Hon’ble Justice at the High Court of Delhi to
the High Court of Bombay. Both the parties to the suit are residing in a place equi-distant
from and nobody will be put to any inconvenience by the transfer of the case to which
place is a competent court.
4. That it is, therefore, just and necessary that this Hon'ble Court, in the interest of equity
and good conscience, transfer the suit Petition No.___ of 2022 before the Hon’ble Justice
at the High Court of Delhi, to the files of the Hon’ble Justice at Bombay, as prayed for in
the accompanying application.

Sd/-

DEPONENT

Because in the facts and circumstances stated above, it would be in the interest of justice that the
said Civil Petition No. _____ filed by the plaintiff against the defendants pending in the High
court of Delhi be transferred to High Court of Judicature at Bombay. Even otherwise there is no
likelihood of disposal of petition No. _______ due to heavy backlog of cases. The copy of the
civil petition No.______ is Annexure P-1. 

Prayer

In view of the above facts and circumstances, it is respectfully submitted that this Hon’ble Court
may be pleased:

a) To pass order for transfer of the Civil Petition No. _________ filed by the defendant against
the plaintiff titled TFF Cancer Foundation and Delhi Discovery Hospitals from High Court Delhi
to the High Court of Judicature at Bombay.

b) Any other and further order as may be deemed fit and proper may also be passed. 

Filed By:
Sd/-
Advocate for the Defendant

Date & Place

BEFORE THE HON'BLE HIGH COURT AT DELHI

TRANSFER PETITION NO____ OF 2022

IN THE SUIT OF ____

TFF CANCER FOUNDATION AND DELHI DIAGNOSTICS …PLAINTIFF’S

VERSUS

JJ DIAGNOSTICS …DEFENDANT

AFFIDAVIT

JJ DIAGNOSTICS (herein referred to as the Diagnostics), as registered under Companies Act


(2013) having its registered office at Pune, Maharashtra. PAN No_____________, do hereby
solemnly affirm and state as follows:

1. I am the plaintiff in the Transfer Original Petition and the defendant in the suit referred to
above. The deponent is well conversant with the facts and circumstances of the case and
competent to swear to the affidavit. The deponent will be referred to as the defendant hereinafter.

3. That it is respectfully submitted that the defendant here has very strong reasons to seek for a
transfer of suit due to the fact that the convenience of the defendants is of paramount importance
and the High Court of Judicature at Bombay is a competent court to try the said case at hand.
6. That in view of the aforementioned circumstances, the defendant deserves and prays that the
suit be transferred from the High Court situated at Delhi, since both the parties to the suit are
residing in a place equi-distant from and nobody will be put to any inconvenience by the transfer
of the case from to which place is a competent court.

7. That it is, therefore, just and necessary that this Hon'ble Court, in the interest of equity and
good conscience, transfer the suit as prayed for in the accompanying application.

Sd/-

DEPONENT

VERIFICATION

Verified at on this the day of, ____20 , that the contents of the above affidavit are true and
correct to the best of my knowledge, belief and information and nothing material has been
concealed therefrom.

DEPONENT

Solemnly affirmed and signed before me by the deponent, who is personally known to me, on
this the ___ day of _______,20__

COUNSEL FOR THE DEPONENT

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