Final Order 1

Order Details: Other
Pdf Text: M/s. Ajit Developer Pvt. Ltd. Vs. Sharifa Dost Mohammad and Ors.
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY
Transfer Application No. 13 of 2020
In
S.C. Suit No. 6169 of 2005
M/s. Ajit Developers Pvt. Ltd.
A Company incorporated under the
provisions of Companies Act, 1956
having address at
Thakkar Shopping Mall, 4th floor,
S.V.Road, Borivali(W), Mumbai- 400 092 ....Org. Plaintiff
(Respondent)
V/s.
1. Sharifa Dost Mohammad
2a) Hasina Khan Sheikh
2b) Esharat Sheikh
3. Yasin Khan
All residing at 302, Mira Apartment, 3rd floor,
Opp. Alphine Industries, Marol Koldongri,
Military Road, Andheri(E), Mumbai - 400 066 ..Defendants/Applicants
Coram : H.H.THE PRINCIPAL JUDGE
S.B.AGRAWAL(C.R.No.19)
Dated : 5th February, 2021
Appearance:
None present
for the applicants/Defendants
None present
for respondent/plaintiff
O R A L O R D E R
Defendants in S.C. Suit No. 6169 of 2005 pending in Court Room
No.2 at Main Branch has filed this application seeking transfer of the
said matter to Dindoshi Branch on the ground that
Defendants/applicants are old aged persons residing in Suburbs and
that even otherwise territorial jurisdiction, would vest with Dindoshi
Branch.
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M/s. Ajit Developer Pvt. Ltd. Vs. Sharifa Dost Mohammad and Ors.
2. Respondent/plaintiff has opposed the application stating that
evidence in the matter has been started and at this stage, matter is
sought to be transferred.
3. At the outset, it is to be noted that in cause title of the
application, name of the plaintiff is mentioned as 'M/s. Manish Erectors
Pvt.Ltd.', however in affidavit of service, affidavit in reply, Vakalatnama
and CIS it is appearing as 'M/s.Ajit Developers Pvt. Ltd. Hence, in title
clause name of plaintiff is mentioned as 'M/s. Ajit Developers Pvt. Ltd.'
4. Since last several dates nobody is appearing for the parties. Even
otherwise, since the said suit has been transferred from the Hon'ble
Bombay High Court, and as such, pursuant to the notice issued by the
Registrar (O.S.)/ Prothonotary and Senior Master, High Court Mumbai
on 16.4.2014, such matters could be transferred only if all the
contesting parties agree for transfer. In such circumstances, I pass the
following order:-
O R D E R
Transfer Application No.13 of 2020 is rejected.
5.2.2021 (S.B.AGRAWAL)
Principal Judge
City Civil & Sessions Court,
Gr.Bombay.
Dictated on : 5.2.2021
Transcribed on : 5.2.2021
Signed by HHJ on : 5.2.2021
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M/s. Ajit Developer Pvt. Ltd. Vs. Sharifa Dost Mohammad and Ors.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographers: B.S. Parab
Upload date and time: 5.2.2021 (at 5.42 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri S.B.AGRAWAL(C.R.No.19)
Date of Pronouncement of Order 5.2.2021
Order signed by P.O. on 5.2.2021
Order uploaded on 5.2.2021
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