Final Order 1

Order Details: Other
Pdf Text: 1 TA 56/20
CNR No.MHCC01-003271-2020
IN THE COURT OF SESSIONS FOR GR.BOMBAY
Transfer Application No.56 of 2020
In
Suit No.264 of 1983
(High Court Suit No.1944 of 1983)
Khandelwal Laboratories Pvt. Ltd. ..Applicant/Plaintiff.
V/s.
Rakesh Kapoor & Ors. ..Respondents/Defendants.
Coram : H.H.THE PRINCIPAL JUDGE
SHRI M.W. CHANDWANI
Dated : 18th March, 2020
(C.R.No.19)
Adv. Shishir Joshi a/w Adv. Vaibhav Bajpei & Adv. Swapan Samdani for
applicant/plaintiff.
Adv. R.P. Shirole for defendant No.5.
O R A L O R D E R
By the present application, the applicant who is plaintiff in the
suit No.264/1983 is seeking transfer of suit No.264/1983 pending in
C.R.No.4 to C.R.No.7. The applicant also seeking transfer of Suit
No.1712/2019 (Old Suit No.8282/1984) alongwith the Suit No.264/1983.
2. It is contended that in the said suit, the Chamber Summons
No.1695/2019 was heard at length by learned Judge Shri Anil H. Laddhad
of C.R.No.7 and thereafter, the Chamber Summons was kept for orders on
11.03.2020. On 11.03.2020, since the court was busy hearing another
matter, the matter was adjourned to 18.03.2020 for orders on Chamber
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Summons. However, on 15.03.2020, the plaintiff came to know that the
matter was transferred to C.R.No.4. Hence, this application for transfer of
Suit No.264/1983 to C.R.No.7.
3. During course of argument, learned advocate for applicant
submitted that he has not pressed prayer for transfer of Suit No.1712/2019
(Old Suit No.8282/1984) alongwith the Suit No.264/1983.
4. Learned advocate for respondent No.5 appeared and
submitted to the order of the Court. Respondents/defendants No.1,2 & 7
have filed Consent Terms. Respondent/defendant No.6 has consented to it.
Respondents/Defendants No.3 & 4 have passed away.
5. 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.
6. Since, the Chamber Summons No.1695/2019 was heard at
length by learned Judge Shri Anil H. Laddhad, therefore, he is seized of the
matter and in fact, the matter was adjourned for the orders on Chamber
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Summons on 18.03.2020. Hence, 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:
O R D E R
1. Transfer Application No.56 of 2020 is allowed.
2. Suit No.264 of 1983 is withdrawn from C.R.No.4 and
transferred to C.R. No.7 presided over by learned Judge
Shri Anil H. Laddhad.
3. Concerned Courts be informed accordingly.
18/03/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 18.03.2020
Transcribed on : 18.03.2020
Signed by HHJ on : 19.03.2020
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER
Name of Stenographer: Mr. Tushar P. Kuwar
Upload date and time: 22.04.2020 (4.45 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 18.03.2020
Order signed by P.O. on 19.03.2020
Order uploaded on 22.04.2020
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