Final Order 1

Order Details: Other
Pdf Text: 1 TA 42/2020
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
TRANSFER APPLICATION NO. 42 OF 2020
IN
SUIT NO. 8210 OF 1984
Khushru Pirojshaw Patel ..Applicant
1.Messrs. Sompura Constructions
Company & Ors. ...Orig.Plaintiffs.
V/s.
1.Khushru Pirojshaw Patel & Ors. .. Orig.Respondents
Coram : H.H.THE SESSIONS JUDGE
M.W. CHANDWANI
Dated : 24th February, 2020
(C.R.No.19)
Advocate Shrey Fatterpekar @ Rukshin Ghiara i/b. M. Mulla Associates for
the applicant.
Adv. Prashant Dingrani i/b. Mahesh Mishra for respondents Nos.1 to 6.
O R A L O R D E R
By the present application, the applicant is seeking transfer of
suit No. 8210/1984 and Suit No. 8585/1994 to one and the same Court.
Heard both the parties.
2 Suffice to say that the applicant and remaining the defendants
in Suit No. 8210/1984, alongwith other defendants also filed suit
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2 TA 42/2020
No.8585/1994. In both the suits, the facts and circumstances are
common. Both the suits were initially assigned to Court No. 13. By an
order dated 15.02.2019, the Court allowed the parties to lead the common
evidence in both the suits. Both the suits were transferred to Court room
No. 7 and thereafter to Court room No. 31. Recently, Suit No. 8585/1994,
is again transferred to Court room No. 13 by administrative order and Suit
No. 8210/1984, remained in Court room No. 31. Hence, this application
for transfer to any of the Court, so that both can try together.
3. The plaintiff of suit NO. 8210/1984 appeared and submitted
to the orders of the Court.
4. It is worthwhile to mention that in case of Dadaji Dhackjee &
Co. Ltd. V/s. Neelam V. Rajani & Ors., reported in 2016(1) ALL MR 426
and in case of Smt. Manaharbala Jeram Damodar & anr. V/s. Prabhudas
Damodar Kotecha & Ors. reported in 2001 (3) ALL MR 230, it has been
held that in view of provision of Section 24 of Code of Civil Procedure this
Court not being a Principal Court of original justification, has no power to
transfer any civil proceedings from one court to another on the judicial
side.
5. Since, by an order dated 15.02.2019, the Court has allowed
the parties of both the suits to lead common evidence therefore, it will be
impracticable for Court room No. 13 and 31 to go on with the matter. In
these peculiar circumstances, it is desirable that any one of the suit transfer
to anyone of the court. Initially, the matter was triable by the Court Room
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No. 13, therefore, it is desirable suit No. 8210/1984 be transferred to
Court Room No. 13 as the case made out for transfer. The respondent also
did not seriously objected the application. Hence, this application be
treated as an application of administrative side. Hence, I pass the
following order:
O R D E R
1. Transfer Application No. 42 of 2020 is allowed.
2. Suit No. 8210/1984 is withdrawn from C.R. No. 31 and is
made over to C.R. No. 13 for disposal in accordance with law.
24.02.2020 (M.W. CHANDWANI)
Sessions Judge,
Gr.Bombay.
Dictated on : 24/02/2020
Transcribed on : 24/02/2020
Signed by H.H.J. on : 26/02/2020
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4 TA 42/2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mr. S.S. Bathe
Upload date and time: 03.03.2020 (10.59 a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 24.02.2020
Order signed by P.O. on 26.02.2020
Order uploaded on 03.03.2020
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