In their applications, Sonia, Rahul and five others said that Justice Sunil Gaur has heard the matter on several dates, so this case be remanded back to him.
The case was marked to Justice P S Teji for hearing after the roaster was changed earlier this month.
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Senior advocate Kapil Sibal, appearing for Sonia, on October 10 had told Justice Teji that it would be better if the case is sent back to the previous bench.
The court, however, was not inclined to entertain Sibal's oral request and had said that as the matter has been marked to him now he will hear the matter further.
The contention was made during hearing of a bunch of pleas, filed by the Gandhis and five others, challenging the summons issued against them on a complaint by BJP leader Subramanian Swamy alleging cheating and breach of trust in the acquisition of Associated Journals Ltd (AJL) by Young Indian Pvt Ltd (YIL), in which the accused party leaders are shareholders.
The trial court had on June 26 last year summoned Sonia, Rahul, Congress treasurer Moti Lal Vora, General Secretary Oscar Fernandes, Suman Dubey and Sam Pitroda to appear before it on August 7, 2014 on the complaint by Swamy.
The Congress leaders had, thereafter, on July 30, 2014 moved the high court which had stayed the summons on August 6 last year.
On December 15, 2014, the court had stayed the summons till the final disposal of the petitions.
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