Mr. Vidyasagar Sah in Ch/S.1704 of 11 in Suit No.7849 of 04VsSurvival Systems Ltd. and Ors.

Date: 05-04-2019
Business: Adv. Ms. Kapadia for applicant present.
Adv. Chintan Gandhi for respondent present and recorded his reply having no objection.
Read application. Read say of respondent.
Ld. Counsel for Respondent has given no objection to transfer application.
It appears that Chamber Summons No.1704/11 was heard by Presiding Judge of C.R.No.31 and the matter was reserved for order. However, before the order could be passed, the Ld. Judge came to be transferred to C.R.No.49.
Both the Counsels submitted that it is desirable that the order be passed by Ld. Judge who already had heard the matter.
It appears that the concerned Judge who had heard the Chamber Summons is now assigned with the work of CBI Court and is exclusively dealing the criminal matters. Moreover, the applicant wants that only Chamber Summons be transferred so that the concerned Judge can pass the order. Since the original suit will remain with C.R.No.31 and the fact that the transferred Judge is dealing with criminal matters, it is not desirable to transfer the Chamber Summons only for the purposes of passing orders. Both the parties will have to argue the matter afresh before the Presiding Judge who has now taken over the charge of C.R.No.31.
In the circumstances, this Court is not inclined to entertain the present application.
Hence the application stands rejected.
Nature Of Disposal: DISMISSED
Disposal Date: 05-04-2019

Filing Number: 104102/2019
Filing Date: 04-04-2019
First Hearing Date: 05th April 2019
Decision Date: 05th April 2019
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT