Final Order 1

Order Details: Other
Pdf Text: 1 TA03.20
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.03 of 2020
In
Notice of Motion no.4063 of 2018
In
S.C. Suit No.2849 of 2018
Shaparia Dock & Steel Co.
Pvt. Ltd. ..Applicant/plaintiff
V/s.
Deputy Estate ManagerI,
MbPT Mumbai ..Respondent/defendant
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 30th January,2020
(C.R.No.19)
Advocate Roop Basu i/b. The Law Point for applicant/plaintiff.
Advocate Mr.M.H. Mulla for respondent/defendant.
O R A L O R D E R
Read application. Perused reply filed by the respondent. Heard
both the sides.
2 By the present application, the applicant who is plaintiff in
suit, seeks transfer of Notice of Motion no.4063/18 from C.R. No.20 to
C.R. No.42 for passing the order on Notice of Motion.
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2 TA03.20
3 It is contended that Notice of Motion in the above said suit
was extensively heard by learned Judge Shri Milind Kurtadikar when he
was presiding over C.R. no.20. Now the Notice of Motion was kept for
order. Meanwhile, learned Judge Shri Milind Kurtadikar transferred to
C.R. no.42. It is contended that since the Notice of Motion was extensively
heard by said learned Judge, the Notice of Motion be transferred to C.R.
no.42.
4 In view of in the case of Dadaji Dhackjee & Co. Ltd. V/s.
Neelam V. Rajani and Ors. reported in 2016(1) ALL MR 426 and in case
of Smt. Manaharbala Jeram Damodar & anr. V/s. Prabhudas
Damodar Kotecha & Ors. reported in 2001(3) ALL MR 230 it has been
held that in view of provision of Section 24 of Code of Civil Procedure this
court not being a Principal Court of original justification, has no power to
transfer any civil proceedings from one court to another on the judicial
side.
5 The learned advocate for respondent submitted to the order of
court and not seriously objected the application. However, it is matter of
record that the Notice of Motion was extensively heard by learned Judge
Shri Milind Kurtadikar rather it was kept for orders. Thus, to save judicial
time and to maintain judicial proprietary, it is desirable that the matter
should be disposed by learned Judge Shri Milind Kurtadikar. Since the
other side has submitted to the orders of court, therefore, this application
be treated the application on administrative side.
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3 TA03.20
6 In view of above, on administrative side, the Notice of Motion
needs to be transferred. Hence, the following order:
O R D E R
Transfer Application No.03/2020 is allowed in terms of
prayers clause (a) and (b).
Concerned Courts be informed accordingly.
30/01/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 30/01/2020
Transcribed on : 30/01/2020
Signed by H.H.J. on : 30/01/2020
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4 TA03.20
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 31/01/2020 (10.15 a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 30th January, 2020
Order signed by P.O. on 30th January, 2020
Order uploaded on 31st January, 2020
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5 TA03.20
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 15/01/2020 (10.45 a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 06th January, 2020
Order signed by P.O. on 10th January, 2020
Order uploaded on 15th January, 2020
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