Final Order 1

Order Details: Other
Pdf Text: 1 TA 29.20
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.29 of 2020
In
Notice of Motion no.1069 of 2015
In
Suit No.7108 of 1997
Goldie P. Sud ..Applicant/Org. defendant
V/s.
Bank of Baroda ..Respondent/Org. plaintiff
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 9th March,2020
(C.R.No.19)
Applicant-defendant in person.
Advocate Ms.Aarti Nimbalkar i/b. S. Ashwinikumar & Co. for respondent/
plaintiff.
O R A L O R D E R
By the present application, the applicant is seeking transfer of
Notice of Motion No.1069/15 in Suit No.7108/97 from C.R. no.60 to the
court of Principal Judge.
2 It is contended that the applicant has filed the above
mentioned Notice of Motion to end the services of the Court Receiver and
to direct the plaintiff to accept the deposit of Rs.17,00,000/- from the
defendants.
-- 1 of 5 --
2 TA 29.20
3 The said Notice of Motion was argued by both the parties
before the court and it was kept for orders. Almost, more than six months
were passed, but no order has been passed. Thereafter, the matter was
transferred to C.R.No.40. The learned Judge also heard the matter and
closed for the orders. But, the learned Judge was transferred. It is
therefore, contended that the matter be transferred from C.R. No.60 to this
court.
4 The application is opposed by the respondent/Bank of Baroda
by filing affidavit in reply contending that just because the matter was
transferred to various courts, therefore, the order could not be passed. It is
contended that false allegations have been made.
5 Heard applicant in person as well as learned advocate for
respondent.
6 From the roznama filed by the applicant, it appears that
initially the matter was heard in C.R. No.28 and the order was not passed
for more than six months and thereafter, the matter was transferred to C.R.
no.40. Again the matter was heard and it was kept for orders, but the
learned Judge was transferred. Now it appears from the roznama that the
matter was kept for fresh hearing before the Succeeding Judge.
7 Applicant in person submitted that if the order is not passed
for more than three months then the matter is required to be transferred to
-- 2 of 5 --
3 TA 29.20
another court. He placed reliance in the case of
Anil Rai V/s. State of
Bihar in Criminal Appeal No.389 of 1998 dated 6th August, 2001 wherein
the Apex Court has held in para 8(v) as under:
“If the judgment, for any reason, is not pronounced
within a period of six months any of the parties of the said
lis shall be entitled to move an application before the Chief
Justice of the High Court with a prayer to withdraw the
said case ad to make it over to any other Bench for fresh
arguments. It is open to the Chief Justice to grant the said
prayer or to pass any other order as he deems fit in the
circumstances.”
8 In present case, the learned Judge who has kept the matter for
orders has been transferred to other court. Now the Succeeding Judge has
come and the matter is placed for hearing. Since the learned Judge who
kept the matter for order for long time is transferred, therefore, the
purpose of the applicant is served. Now, the matter is kept for arguments.
It is unfortunate that orders could not be passed for such long time after
hearing Notice of Motion. Therefore, I request the Succeeding Judge to
hear the Notice of Motion no.1069/15 as early as possible and pass
necessary orders according to law.
9 In view of above, no case is made out for transfer. Hence, I
pass the following order:
-- 3 of 5 --
4 TA 29.20
O R D E R
Transfer Application No.29/2020 is rejected.
Learned Judge is requested to hear and dispose of Notice of
Motion No.1069/15 at the earliest.
09/03/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 09/03/2020
Transcribed on : 09/03/2020
Signed by H.H.J. on : 11/03/2020
-- 4 of 5 --
5 TA 29.20
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER
Name of Stenographer: Mrs. Aruna S. Jayade
Upload date and time: 14/03/2020 (06.08 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 09th March,2020
Order signed by P.O. on 11th March,2020
Order uploaded on 14th March,2020
-- 5 of 5 --