Final Order 2

Order Details: Other
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IN THE COURT OF SESSIONS FOR GR.BOMBAY
Transfer Application No.34 of 2019
Kaushik Mota ..Applicant
V/s.
Designated Officer, Asst.Engineer
(B & F) & Ors. ..Respondents
Coram : H.H.THE PRINCIPAL JUDGE
SHRI V.G. BISHT
Dated : 13th March,2019
(C.R.No.19)
Advocate Mr.P. D. Gandhi for applicant.
Respondents and advocate absent.
O R A L O R D E R
Read application. Though served, the respondents and
advocate absent. Hence, there is no reply.
2 The present application is filed by the applicant to transfer the
Review Petition St. No.6577 of 2018 along with the application for
Condonation of Delay No.347 of 2018 which is pending in C.R. No.2 as the
same was heard by the Presiding Officer Shri K. M. Jaiswal who is now
transferred to C.R. No.58.
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3 It appears that the applicant herein took out the Chamber
Summons for impleading as necessary party in Suit No.142/17. The
Presiding Officer allowed the Chamber Summons vide order dated 31st
October,2017. The applicant states that the order dated 31st October,2017
challenged by the plaintiff before the Hon'ble High Court in L.C. Suit
No.143 of 2017 vide Writ Petition No.13175 of 2017. By order dated 21st
March,2018, the Writ Petition was allowed. The applicant states that in
view of the order passed in Writ Petition, it is necessary to review the order
passed in the Chamber Summons in the other matters.
4 It is submitted that in view of the order in Writ Petition, it was
incumbent for the plaintiff to wait for preferring the Notice of Motion for
Review of the order dated 31st October,2017 and therefore there is 210
days delay in filing the Motion.
5 It is submitted that the Chamber Summons was heard and
decided by Presiding Officer Shri K. M. Jaiswal who is transferred to C.R.
No.58. Therefore, the applicant states that the order passed by the
Presiding Officer Shri Jaiswal can only be reviewed as the Presiding Officer
heard the matter at length.
6 As the respondents and advocate absent, the application
remained unchallenged. The applicant filed on record acknowledgment
showing service on the respondents.
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7 In view of above, I pass the following order:
O R D E R
Transfer Application No.34 of 2019 is allowed.
Review Petition Stamp No.6577/18 along with Condonation of
Delay Application No.347/18 pending in C.R. No.2 stands
transferred to the court of Shri K. M. Jaiswal (C.R. No.58) for
disposal in accordance with law.
Both the courts be informed accordingly.
13/03/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 13/03/2019
Transcribed on : 13/03/2019
Signed by HHJ on : 13/03/2019
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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: 13/03/2019 (3.00 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 13th March,2019
Order signed by P.O. on 13th March,2019
Order uploaded on 13th March,2019
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