Final Order 1

Order Details: Other
Pdf Text: 12/04/2019 CORAM : HIS HONOUR THE PRINCIPAL JUDGE
SHRI. V.G.BISHT
T.A. 65/19 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.
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Principal Judge,
Gr. Mumbai.
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