ORDER 1. The petitioner has filed the present petition for transfer of Suit No. 179 of 2004 titled as Lltmax Industries Ltd. v. Ku/dip Singh Bagga pending in the Court of the Additional District Judge, Tis Hazari Courts, Delhi to the Court of XIIth Sub-Judge, Patna, Bihar where TS No. 289 of 2002 regarding the same dispute is pending. 2. According to the counsel for the petitioner, both the suits arise out of the same agreement/transaction between the parties and since the suit filed by the petitioner is prior in time, the subsequent suit filed by the respondent in 2004 at Delhi deserves to be transferred to the court trying the suit at Patna, Bihar. 3. Having heard the counsel for the parties and being satisfied with the fact that both the suits arise out of one and the same agreement/transaction, we deem it appropriate to transfer Suit No. 179 of 2004 titled as Lumax Industries Ltd. v. Kuldip Singh Bagga pending in the Court of the Additional District Judge, Tis Hazari Courts, Delhi to the Court of XlIth Sub-Judge, Patna, Bihar before whom TS No. 289 of 2002 titled as Bagga Motors Co. v. Lumax Industries Ltd. filed by the petitioner regarding the same dispute, is pending. Ordered accordingly. Case record be transmitted forthwith to the Court of XIlth Sub-Judge, Patna, Bihar. 4. The respondent shall be at liberty to object to the territorial jurisdiction of the Court at Patna to try the suits. 5. The transfer petition is allowed in the above terms.