Final Order 1

Order Details: Other
Pdf Text: 23/03/2018 CORAM : HER HONOUR THE PRINCIPAL JUDGE
MRS. P.V. GANEDIWALA
T.A. 35/18 Applicant in person present.
Heard the applicant in person and perused the application.
The transfer of the suit is sought on the ground of bias in
the mind of Presiding Officer and the applicant apprehends he
will not get fair trial. The present application on this ground is
not maintainable before this Court.
The Hon'ble High Court while considering provision of
Section 10 of the Presidency Small Causes Court Act, in the case
of Dadaji Dhackjee and Co. Ltd. V/s. Neelam V. Rajani and or,
2016(1) ALL MR 426 and in the case of Smt. Manaharbala
Jeram Damodar and Anr. V/s. Prabhudas Damodar Kotecha
and others, 2001(2) MHLJ 477 has held that the said power
cannot be exercised for transferring the matters on the grounds
mentioned in the present application.
Provision of Section 7 of the City Civil Court Act is pari
mataria with Section 10 of the Presidency Small Causes Court
Act. In such circumstances, according to me, the present
application is not maintainable before this Court and as such, I
pass the following order.
O R D E R
Application stands rejected.
Principal Judge,
Gr. Mumbai.
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