Final Order 1

Order Details: Other
Pdf Text: 05/04/2019 CORAM : HIS HONOUR THE PRINCIPAL JUDGE
SHRI. V.G.BISHT
T.A. 87/19 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.
Principal Judge,
Gr. Mumbai.
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