Final Order 1

Order Details: Other
Pdf Text: 1 TA21.20
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.21 of 2020
In
Suit No.9835 of 1999
Zodiac Developers Pvt. Ltd. ..Applicant/org. Deft. no.7
V/s.
Jadavji Lalji Shah
(Anchorwala) & Ors. ..Respondents/org. Plaintiffs.
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 28th January,2020
(C.R.No.19)
Advocate Mr.C. Nageshwaran I/b. M/s.Khaiitan & Co. for applicant/
defendant no.7.
Advocate Ms.Sheeja John i/b. M/s.M.P. Savla & Co. for plaintiff nos.1 to 7.
Advocate Ms.Neha Pandey i/nb. Advocate Mr.A.M. Sarogi for defendant
no.1.
Respondent no.8 present.
O R A L O R D E R
Read application. Heard both the sides.
2 By the present application, the applicant is seeking transfer of
Suit No.9835/99 including Chamber Summons No.771/18 from C.R. no.12
to C.R.no.29.
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2 TA21.20
3 It is contended by the applicant who is defendant in suit
no.9835/99 that in the said suit, the plaintiff has filed Chamber Summons
No.771/18 for amendment in the plaint which was extensively heard by
the learned Judge Ms.S.P. Ponkshe then presiding over C.R. no.12. The
arguments of plaintiff and defendant no.7 were also over and it was kept
for arguments of defendant no.4, but in the meanwhile, the assignment got
changed. It is contended that since the plaintiff and defendant no.7 have
been heard by learned Judge Ms.S.P. Ponkshe, it is desirable that the
matter should be transferred to the learned Judge presiding over C.R.
no.29.
4 No reply was filed by the respondent, but the respondent
objected the application on the ground that arguments were yet to be
completed by the defendant no.4 and the Chamber Summons is just for the
amendment of the plaint. She submitted that the application be rejected.
5 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.
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5 Even otherwise, the matter has been lastly heard on 16th
October,2019 more than prior to three months. Therefore, the same needs
to be reheard even before learned Judge Ms.S.P. Ponkshe. No purpose
will be served by transferring the matter. Further, the other side seriously
objected the application, therefore, even on administrative side, no case is
made out for transfer. Hence, the following order:
O R D E R
Transfer Application No.21/2020 stands rejected.
28/01/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 28/01/2020
Transcribed on : 29/01/2020
Signed by H.H.J. on : 30/01/2020
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4 TA21.20
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 30/01/2020 (3.50 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 28th January, 2020
Order signed by P.O. on 30th January, 2020
Order uploaded on 30th January, 2020
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