Date: 08-03-2019
Business: Adv. Sharmili Mhatre for applicant present.
At the request of Ld. Counsel for applicant, adjd. to 11/03/2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Adv. Rohit Shetty for applicant present.
Adv. A.S. Kapse i/b Adv. Pratik Amin for respondent No.1 present.
Adv. Yogini Gada for respondent No.2 present and recorded reply on application itself.
Adjd. to 29/03/2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 29-03-2019
Date: 29-03-2019
Business: Adv. Rohit Shetty for applicant present.
Adv. Pratik Amin for respondent No.1 present.
Adv. Yogini Gada for respondent No.2 present.
Exh.2Reply of respondent No.1. Copy served to other side.
The Principal Judge is on surprise visit, adjd. to 12/04/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: Adv. Rohit Shetty for applicant present.
Read application. Read say at Exh.2.
Respondent No.2 has given no objection on the application itself. On perusal of the say of respondent No.2 it appears that he has also no objection to the present application.
It appears that respondent has filed suit No.1259/18 alongwith Notice of Motion No. 1948/18. The said Notice of Motion was fully heard and was kept for orders by the then Presiding Officer Smt. S.P. Ponkshe, C.R.No.1. However, the said Presiding Officer despite adjournments from time to time could not pass the order and in the meantime came to transferred to C.R.No.40.
At present C.R.No.40 is exclusively dealing with POCSO and other criminal matters and is already heavily burdened. But since the Notice of Motion No.1948/2018 is already heard by Presiding Officer and was kept for orders, in order to avoid wastage of judicial time and as also the time of parties it is necessary that said Notice of Motion alongwith the suit be transferred to the said Presiding Officer i.e. C.R.No.40 for disposal according to law and thereafter the suit alongwith the order passed on Notice of Motion be remitted to the C.R.No.1.
In view of above, I pass following order.
O R D E R
Transfer Application No.65/2019 is allowed.
Notice of Motion No.1948/2018 alongwith suit No.1259/2018 stands transferred to C.R.No.40 for limited purpose i.e. for passing orders on Notice of Motion. After passing of order on Notice of Motion, the Learned Court shall remit the entire proceedings to C.R.No.1.
Both the Courts be informed accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 12-04-2019
