Final Order 1

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IN THE BOMABY CITY CIVIL COURT AT BOMBAY
Transfer Application No.46 of 2019
In
Notice of Motion No.18 of 2016
In
S.C. Suit No.312 of 2012
Mumbai Metropolitan Region
Development Authority & anr. ..Applicants
V/s.
Vijay Santosh Kumar Kunjut ..Respondent
Coram : H.H.THE PRINCIPAL JUDGE
SHRI V.G. BISHT
Dated : 25th March,2019
(C.R.No.19)
Advocate Ms.S.A. Subhedar for applicants.
Advocate Mr.R.K. Bhagia for respondent.
O R A L O R D E R
Read application. Read reply.
2 The present application is filed by the applicantsoriginal
defendants to transfer suit no.312 of 2012 pending in C.R. No.12 to C.R.
No.27 for hearing of Notice of Motion no.18 of 2016 filed by them for
review of order dated 21st November,2018.
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3 It appears that the plaintiff has filed a Perjury Application by
filing Notice of Motion in S.C. Suit No.312 of 2012 which is presently
pending in C.R. no.12. The plaintiff has filed an application (Exh.10) for
issuance of witness summons to defendant no.2 and other two officials of
defendant no.1 to examine them as his witnesses.
4 Ms.S.A. Subhedar, learned counsel for the applicants,
submitted that Exh.10 was heard and decided by HHJ Shri.D.K. Gudadhe
then presiding in C.R. No.12 on 21st November,2018. She further
submitted that the applicants/defendants are desirous to apply for review
of the order dated 21st November,2018 for corrections of the errors and
mistakes. She submitted that now the Presiding Officer is transferred to
C.R. No.27 on 7th December,2018. Therefore, the applicants filed the
present application for transfer of the suit.
5 Mr.R.K. Bhagia, learned counsel for the respondent/plaintiff,
in his reply denied that there are any errors and mistakes committed by the
Presiding Officer while passing the order dated 21st November,2018. He
prayed for dismissal of the application.
6 In my considered opinion, in the interest of justice, for review
of order dated 21st November,2018 (Exh.10) the matter needs to be
transferred from C.R. No.12 to C.R. No.27.
7 In view of above, I pass the following order:
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O R D E R
Transfer Application No.46 of 2019 is allowed.
Suit No.312 of 2012 pending in C.R. No.12 stands
transferred to C.R. No.27 for disposal in accordance with law.
Both the courts be informed accordingly.
25/03/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 25/03/2019
Transcribed on : 25/03/2019
Signed by HHJ on : 25/03/2019
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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: 26/03/2019 (12.30 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 25th March,2019
Order signed by P.O. on 25th March,2019
Order uploaded on 26th March,2019
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