Final Order 1

Order Details: Other
Pdf Text: 1 TA07.20
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No. 07 of 2020
In
Suit No. 7072 of 2003
Mumbai International Airport
Ltd. ..Applicant/org.defendant no.5
V/s.
Sanjay Kumar Astha ..Respondent no.1/Org.plaintiff
& Ors.
Coram : H. H. THE PRINCIPAL JUDGE
M. W. CHANDWANI
Dated : 17th February, 2020
(C.R.No.19)
Advocate Mr.P.D. Gandhy i/b. M/s. Wadia Gandhy and Co. for applicant.
Advocate Ms.Meena Ruparel for respondent no. 1.
Advocate Yasmin Sarang i/b. M/s. M.V. Kini & Co. for respondent nos. 2 and 3.
O R A L O R D E R
Read application. Perused reply filed by respondent no.1.
Heard both the sides.
2 By the present application, the applicant-original defendant
no. 5 made an application to transfer suit no. 7072/03 from C. R. No. 13 to
C. R. No. 11.
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3 It appears that by order dated 12th April, 2019, the learned
Judge of C.R. No. 31 Shri G.G. Bhansali rejected Notice of Motion No.
1238/19 and on the application (Exh.11), preliminary issue of jurisdiction
has been framed. Respondent No. 1 filed an application for review of the
order dated 12th April, 2019 which was heard by learned Judge and it was
closed for order. Meanwhile, due to internal change in assignment, the
learned Judge Shri G. G. Bhansali is presiding over C.R. No. 11 and even
the matter was transferred from C.R. No. 31 to C.R. No. 13. It is
contended that the application for review has to be decided by the very
same Judge. It is contended that learned judge Shri G. G. Bhansali is
available on the station and presiding over C.R. No. 11. Therefore,
application be transferred.
4 The application is opposed by the learned advocate for
respondent. It is contended that present application does not contain any
ground, hence required to be rejected. It is also contended that roznama
dated 8th September, 2019 shows that learned Judge has mentioned that
review application needs to be rearuge. Because of review petition, entire
suit cannot be transferred to C.R. No.11.
5 It is a matter of record that order dated 11th April, 2019 is
passed by learned Judge Shri G. G. Bhansali vide presiding over C.R. no.31
now C.R. no.11 and the review petition has been filed to recall the order
dated 12th April,2019. As per Order 14 Rule 5 of Code of Civil Procedure,
the review petition needs to be heard by the Judge who passed the order,
unless he is precluded by his absence. The learned Judge Shri G. G.
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Bhansali, who passed the order, is available on station and is presiding over
C.R. No.11. It is desirable that the said review should be heard by Shri G.
G. Bhansali presiding over C.R. no.11. I find substance in the argument of
learned advocate for respondent that the entire suit should not be
transferred. In view of this, the application be treated for transfer on
administrative side and I proceed to pass the following order:
O R D E R
1) T. A. No. 07/2020 is partly allowed.
2) Suit No. 7072/03 is transferred to C. R. No. 11 presided over
by learned Judge Shri G. G. Bhansali for deciding the
application for review of order dated 12th April, 2019.
3) After disposal of the review application R & P be of Suit
No. 7072/03 be sent back to C. R. No.13 for disposal in
accordance with law.
4) Concerned courts be informed accordingly.
17/02/2020 (M. W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 17/02/2020
Transcribed on : 18/02/2020
Signed by H.H.J. on : 26/02/2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 27/02/2020 (12.42 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 17th February, 2020
Order signed by P.O. on 26th February, 2020
Order uploaded on 27th February, 2020
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