Final Order 1

Order Details: Other
Pdf Text: 1 TA26.18
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.26 of 2018
Madan Mohan Chandrabhan
Gupta ..Plaintiff
V/s.
The Municipal Corporation
of Gr.Mumbai ..Defendant
Coram : H.H.THE PRINCIPAL JUDGE
Mrs.P.V. GANEDIWALA
Dated : 16th February,2018
(C.R.No.19)
Advocate Ms.Hetal Patel for applicant/defendant.
Plaintiff/respondent and advocate absent.
O R A L O R D E R
In this Transfer Application, the defendant seeks transfer of
L.C. suit No.8578 of 2002 from C.R No.6 to C.R. No.22 for the limited
purpose of passing order in Notice of Motion No.1329/2017 taken out
by the defendant.
2 Heard ld.advocate for the applicant/defendant. None
present for the respondent/plaintiff.
3 The above said Notice of Motion was taken out by the
defendant to set aside the order, directing the matter to proceed ex
parte and to allow the defendant to file its written statement. The
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applicant states that the said Motion was kept for order by the Ld.Judge
and in the meantime the Ld.Judge Shri B.C. Barde was transferred to
C.R. No.22 of this court. Hence the plaintiff seeks transfer of the suit
for the limited purpose of deciding the above said Notice of Motion.
4 I do not find merit in this application. There is no propriety
in transferring the suit only for limited purpose to decide the Notice of
Motion and again retransfer the same to the original court for trial.
The transfer of Judges is a regular feature and for administrative
exigency sometimes it is necessary to transfer the Judges urgently. If
such applications are allowed, there would be floods of similar
applications. Hence, I pass following order:
O R D E R
Transfer Application No.26/2018 stands rejected.
16/02/2018 (P.V. GANEDIWALA)
Principal Judge,
Gr.Bombay.
Dictated on : 16/02/2018
Transcribed on : 16/02/2018
Signed by HHJ on :
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographers: Mrs.Aruna S. Jayade
Upload date and time: 16/02/2018 (At 5.30p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Mrs.P.V.GANEDIWALA(C.R.No.19)
Date of Pronouncement of Order 16th February,2018
Order signed by P.O. on 16th February,2018
Order uploaded on 16th February,2018
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