Final Order 1

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IN THE BOMABY CITY CIVIL COURT AT BOMBAY
Transfer Application No.49 of 2019
In
S.C. Suit No.1749 of 2016
Yes Bank Ltd. ..Applicant/Defendant
V/s.
Surinderpal Chamnlal Aggarwal ..Respondent/plaintiff
Coram : H.H.THE PRINCIPAL JUDGE
SHRI V.G. BISHT
Dated : 5th April,2019
(C.R.No.19)
Advocate Mr.Dhavani Jain for applicant.
Advocate Mr.Rajkamal Chaurasiya for respondent.
O R A L O R D E R
Read application and affidavit in support. Read reply.
2 The present application is filed by the applicantoriginal
defendant in Suit No.1749/16 (pending in C.R. No.31) and defendant in
Suit No.2313/17 (pending in C.R. no.32) to club both the matters and be
tried together.
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3 It appears that the cause of actions in both the suits arise out
of the same transaction. It is averred that no prejudice will be caused to
the respondent if the relief as sought is granted. Hence, the present
application.
4 Mr.Dhawani Jain, learned counsel for the applicant, submitted
that since the subject matter in both the suits is based on same transaction,
the suit be tried together.
5 Mr.Rajkamal Chaurasiya, learned counsel for respondent,
submitted that in both the suits the plaintiffs and transactions being
different, application need not be allowed.
6 It appears that the present respondent has filed Suit
No.1749/16 against the applicant as the present applicant has put his
account on hold and because of which immense hardship, inconvenience
and loss is being caused to him.
7 On the other hand, it is the contention of the present applicant
that in Suit No.2313/17 the plaintiff enjoyed certain facilities from its bank
and said plaintiff from its account transferred an amount of Rs.62,50,000/
to the account of original plaintiff in S.C. Suit No.1749/16 and the said
plaintiff in S.C. Suit No.1749/16 in turn transferred an amount of
Rs.42,50,000/ to its current account maintained with the applicant's bank.
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8 From the above it is clear that from the same transaction the
monies are being transferred in the accounts of the parties who are
plaintiffs in Suit No.1749/16 and 2313/17. Apparently, transaction
appears to be same and therefore, it would be convenient for the applicant
to plead and prove its case if both the suits are tried by anyone court.
Whether the said suits are to be clubbed or not will have to be decided by
the concerned court. Therefore, in my considered opinion present
application deserves consideration.
9 In view of above, I pass the following order:
O R D E R
Transfer Application No.49 of 2019 is allowed.
Suit No.2313/17 pending in C.R. No.32 stands
transferred to C.R. No.31 for disposal in accordance with law.
Both the courts be informed accordingly.
05/04/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 05/04/2019
Transcribed on : 05/04/2019
Signed by HHJ on :
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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: 05/04/2019 (5.30 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 5th April,2019
Order signed by P.O. on 5th April,2019
Order uploaded on 5th April,2019
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