Full Order Text
Final Order 1 · 06 Mar 2018 · CNR MHCC010005002018
Order Details: Other Pdf Text: 1 TA7.18 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Transfer Application No.7 of 2018 Vinod Natesan ..Plaintiff V/s. Elements Homestead Products Pvt.Ltd. ..Defendant Coram : H.H.THE PRINCIPAL JUDGE Mrs.P.V. GANEDIWALA Dated : 6th March,2018 (C.R.No.19) Plaintiff in person. Defendant and advocate absent. O R A L O R D E R The Applicant/plaintiff in person filed the present application for transfer of his bearing Suit No.817/2015 from C.R. No.32 to any other court on the ground of delay in trial. 2 It is the case of the plaintiff that he filed an application Exh.4 in the suit for recalling of the order of taking written statement on record and the said application is pending for decision since October,2015. 3 The defendant, in spite of service of summons, did not appear. I perused the report, called from the concerned court. 4 As per the report, the present presiding officer took the charge of C.R. No.32 in April,2017 and the present suit came before her -- 1 of 3 -- 2 TA7.18 in June,2017. In the meantime, other circumstances arose in the suit which includes Exh.8 by the present application for issue of process for submission of false evidence by the defendant. The ld.advocate for the defendant in the suit also has withdrawn his appearance. In this way, the delay caused in deciding Exh.4. 5 I have considered the submissions of the plaintiff in person and the report of the concerned presiding officer. I do not find any ground for transfer. In present scenario, nobody will deny about huge pendency of the cases and delay in the trial for one reason or the other. Even if the matter is transferred, there is no guarantee that the transferee court will have sufficient time to deal with the applications like Exh.4 and Exh.8 of the party in person, expeditiously. In such circumstances, no ground for transfer is made out. However, I request the presiding officer to try to avoid the unnecessary delay in the trial. Plaintiff to cooperate the court in proceeding expeditiously with the trial as per the provisions of law, by avoiding to file unnecessary applications. Hence, I pass the following order: O R D E R T.A. No.7/18 stands rejected. 06/03/2018 (P.V. GANEDIWALA) Principal Judge, Gr.Bombay. Dictated on : 06/03/2018 Transcribed on : 06/03/2018 Signed by HHJ on : -- 2 of 3 -- 3 TA7.18 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER Name of Stenographers: Mrs.Aruna S. Jayade Upload date and time: 08/03/2018 (5.00 p.m.) Name of the Judge H.H.THE PRINCIPAL JUDGE Mrs.P.V.GANEDIWALA(C.R.No.19) Date of Pronouncement of Order 6th March,2018 Order signed by P.O. on 8th March,2018 Order uploaded on 8th March,2018 -- 3 of 3 --