Final Order 1

Order Details: Other
Pdf Text: Mrs. Rita Anand Chauhan and Anr. Vs. Bombay Thiruvalluvar Mandram and Ors.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No. 31 of 2020
In
S.C. Suit No. 4944 of 2006
1. Mrs.Rita Anand Chauhan & Anr. ..Applicants
(Org. intervenors)
Versus
1. Bombay Thiruvalluvar Mandaram
& 28 Ors. ..Respondents/
(Org. Plaintiffs)
AND
S.C. Suit No. 1331 of 2018
1. Mrs.Rita Anand Chauhan & Anr. ..Applicants
(Org. Plaintiffs)
Versus
1. Bombay Thiruvalluvar Mandaram
& 8 Ors. ..Respondents/
(Org. Plaintiffs)
And
S.C. Suit No. 3279 of 2019
1. Mrs.Rita Anand Chauhan & Anr. ..Applicants
(Org. Defendants)
Versus
1. Bombay Thiruvalluvar Mandaram
& 6 Ors. ..Respondents/
(Org. Plaintiffs)
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5th February, 2021
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Mrs. Rita Anand Chauhan and Anr. Vs. Bombay Thiruvalluvar Mandram and Ors.
Coram : H.H.THE PRINCIPAL JUDGE
S.B.AGRAWAL (C.R.No.19)
Dated : 5th February, 2021
Appearance:
Adv. Mr. Arvind Giriraj i/b P.D. Gandhy & Associates
for applicants
None present for respondents.
O R A L O R D E R
Three suits namely S.C. Suit No. 4944 of 2006, S.C. Suit No. 1331
of 2018 and S.C.Suit No. 3279 of 2019 are sought to be made over to
one Court on the ground that they are essentially between the same
parties and subject matter is also the same. It is also submitted that
decision in one suit will have bearing on the other suit.
2. Respondents have filed their reply stating that the suits are at
different stages and that in one suit, the argument has also been
concluded. However, it has not been denied that the subject matter in
all the suits is the same and that decision in one suit will have bearing
on the other.
3. It would be pertinent to note that in one suit, argument is stated
to be heard. However, the assignment of Learned Judge has been
changed and in any case, it will have to be re-heard. Moreover, whether
to take up these suits simultaneously by common evidence or otherwise,
would be the discretion of the concerned Court. In any case, it would
be in the fitness of things, that three suits are to be dealt with by the
same Court. In such circumstances, I pass the following order:-
O R D E R
1. Transfer Application No. 31 of 2020 is allowed.
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5th February, 2021
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Mrs. Rita Anand Chauhan and Anr. Vs. Bombay Thiruvalluvar Mandram and Ors.
2. S.C.Suit No. 3279 of 2019 is made over to Court where other two
suits i.e. S.C.Suit No.4944 of 2006 and S.C.Suit No. 1331 of 2018 are
pending.
5.2.2021 (S.B.AGRAWAL)
Principal Judge,
Gr.Bombay.
Dictated on : 5.2.2021
Transcribed on : 5.2.2021
Signed by HHJ on : 5.2.2021
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5th February, 2021
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Mrs. Rita Anand Chauhan and Anr. Vs. Bombay Thiruvalluvar Mandram and Ors.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographers: B.S. Parab
Upload date and time: 5.2.2021 (at 5.42 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri S.B.AGRAWAL(C.R.No.19)
Date of Pronouncement of Order 5.2.2021
Order signed by P.O. on 5.2.2021
Order uploaded on 5.2.2021
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5th February, 2021
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