Final Order 1

Order Details: Other
Pdf Text: 1 TA 46/20
CNR No.MHCC01-002509-2020
IN THE COURT OF SESSIONS FOR GR.BOMBAY
Transfer Application No.46 of 2020
In
Suit No.3096 of 2012
Sheokumar Venkteshwarnath Pandey ..Applicant.
V/s.
Arunkumar V. Pandey & Ors. ..Respondents.
Coram : H.H.THE PRINCIPAL JUDGE
SHRI M.W. CHANDWANI
Dated : 02nd March, 2020
(C.R.No.19)
Adv. G.R. Mishra a/w Adv. Meena Pandey for applicant.
Adv. Shailesh Shukla for respondent No.1.
Adv. Meena N. Zar for respondents No.2 to 5.
O R A L O R D E R
By the present application, the applicant who is plaintiff in the
suit No.3096/2012 is seeking transfer of suit No.3096/2012 pending in
C.R.No.12 to C.R.No.29.
2. It is contended that the matter has been made time bound by
the Hon’ble High Court with the direction to dispose of the said matter
within 9 months and the 9 months is going to expire on 06.03.2020. It is
contended that the entire argument was over and heard by learned Judge
Smt. J.R. Pulate presided over C.R. No.12 and the matter is fixed for
judgment on 02.03.2020. Meanwhile, the assignment got changed and
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now, the learned Judge Smt. J.R. Pulate is presided over C.R.No.29.
Therefore, the applicant is seeking transfer of the case from C.R.No.12 to
C.R.No.29.
3. Respondents No.1 to 5 appeared and submitted to the order of
the Court. Respondents No.6 & 7, though served, they did not appear.
4. It is worthwhile to mention that in the case of
Dadaji Dhackjee
& Co. Ltd. V/s. Neelam V. Rajani and 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, the matter has been made time bound by the Hon’ble
High Court and matter has been heard by learned Judge Smt. J.R. Pulate,
therefore, she is seized of the matter and in fact, the matter was adjourned
for the judgment on 02.03.2020. Since, the time granted by the Hon’ble
High Court is going to be expired on 06.03.2020. In these peculiar
circumstances, this application is to be treated on administrative side. In
view of above, the case is made out for transfer. Hence, I pass the
following order:
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O R D E R
1. Transfer Application No.46 of 2020 is allowed.
2. Suit No.3096 of 2012 is withdrawn from C.R.No.12 and
transferred to C.R. No.29 presided over by learned Judge
Smt. J.R. Pulate.
3. Concerned Courts be informed accordingly.
02/03/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 02.03.2020
Transcribed on : 02.03.2020
Signed by HHJ on : 02.03.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER
Name of Stenographer: Mr. Tushar P. Kuwar
Upload date and time: 02.03.2020 (1.34 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 02.03.2020
Order signed by P.O. on 02.03.2020
Order uploaded on 02.03.2020
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