Interim Order 1

Order Details: Other
Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
TRANSFER APPLICATION NO.39 OF 2020
IN
SUIT No.8414 OF 2000
Ahura Mazda Dairy Farm Pvt.Ltd. ... Applicant
(Org.Defendant)
Versus
M/s. Kwality Food & Masala Products ... Respondent
(Org.Plaintiff)
CORAM: H.H.THE PRINCIPAL JUDGE
S. B. AGRAWAL (C.R.No.19)
DATED: 19th JANUARY, 2021
Adv. Swati Sagvekar,
for applicant/Org.Defendant
Adv. P. D. Gandhy i/b. Sonal Doshi & Co.,
for respondent/Org.Plaintiff.
ORAL ORDER
Defendant in Suit No.8414 of 2000 has filed this application
seeking transfer of the said suit to the Court designated as Special Court
for matters under M.P.I.D. Act.
2. The said suit is filed by the respondent seeking declaration in
respect of the termination of the agreement executed in respect of a
property owned by the plaintiff in favour of the defendant. The
defendant claims to have paid Rs.42,50,000/- out of the total amount
consideration of Rs.70,00,000/- and deed of conveyance was to be
executed. In the meanwhile defendant came to be prosecuted under
M.P.I.D. Act and the property in the suit came to be attached.
-- 1 of 4 --
Ahura Mazda Dairy Farm P.L. V/s. M/s.Kwality Food & Masala Product
3. The plaintiff sought lifting of attachment from the said Court but
was unsuccessful and as such an appeal was preferred before the
Hon’ble High Court which is pending. It is in this situation, the
applicant seeks transfer of the said suit to the Court as aforesaid in view
of the provisions of the M.P.I.D. Act.
4. Learned Counsel for the respondent on 06/01/2021 sought time
to take instruction as to whether the present suit can be transferred to
the Court which is also designated as a M.P.I.D. Court by keeping the
point open for the said Court to be decided as to whether it has to deal
with the suit as a Civil Court or as a designated Court. However, learned
counsel for the respondent categorically states that the respondent is
not agreeable to the said aspect.
5. Prima facie it appears that the property of the suit is under
attachment by the M.P.I.D. Court, pursuant to the prosecution of the
defendant and considering the purport of the M.P.I.D. Act, it is desirable
that the present suit is also dealt with by the Court designated as
M.P.I.D. Needless to mention that although the said Court is designated
as M.P.I.D. Court, but it is not that the said Court cannot simultaneously
deal with the Civil suit.
6. The question as to whether the provisions of the M.P.I.D. Act are
required to be invoked or adhered to for the purpose of the suit can
only be decided by the said Court on judicial side after the said suit has
been transferred to the said Court but there is no impediment for the
2 of 4
19th January, 2021
-- 2 of 4 --
Ahura Mazda Dairy Farm P.L. V/s. M/s.Kwality Food & Masala Product
said Court to even otherwise deal with the present suit. In such
circumstances, I am of the view that it would be in the fitness of things
to transfer the said suit to Court Room No.36 by keeping all the points
open as aforesaid. Hence, in such circumstances, I pass following order.
O R D E R
1. Transfer Application No.39 of 2020 is allowed.
2. Suit No.8414 of 2000 is transferred to Court Room No.36 which
shall deal with the said suit in accordance with law.
Sd/-
(S. B. AGRAWAL)
PRINCIPAL JUDGE,
CITY CIVIL COURT, MUMBAI.
Dictated on : 19/01/2021
Transcribed on : 19/01/2021
Signed by HHJ on : 19/01/2021
3 of 4
19th January, 2021
-- 3 of 4 --
Ahura Mazda Dairy Farm P.L. V/s. M/s.Kwality Food & Masala Product
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
21/01/2021 10.47AM B.R.HATEKAR (S.G.)
Name of the Judge HH PRINCIPAL JUDGE (CR No.19)
Date of Pronouncement of Judgment/Order. 19/01/2021
Judgment/order signed by P.O on 19/01/2021
Judgment/order uploaded on 21/01/2021
4 of 4
19th January, 2021
-- 4 of 4 --