Full Order Text
Final Order 1 · 13 Jun 2019 · CNR MHCC010042592019
Order Details: Other Pdf Text: 1 TA105.19 IN THE COURT OF SESSIONS FOR GR.BOMBAY Transfer Application No.105 of 2019 In S.C. Suit No.2378 of 2015 Lalit T. D'Souza ..Applicant/Plaintiff V/s. Fatema Pipewala Bookwala & anr. ..Respondents/Defendants Coram : H.H.THE PRINCIPAL JUDGE SHRI V.G. BISHT Dated : 13th June,2019 (C.R.No.19) Advocate Ms.Ketaki Pansare for applicant. None present for respondents/defendants. O R A L O R D E R Read application. The application has been proceeded without reply of respondent. Heard learned counsel for applicant. 2 The present application is filed by the applicant to transfer suit no.2378 of 2015 pending in C.R. No.32 to C.R. No.31 and to club the same with Suit Nos.2367 of 2015 and 2368 of 2015. 3 It appears that above mentioned suits are between the same -- 1 of 4 -- 2 TA105.19 parties and are connected matters. Due to old age, the erstwhile advocate returned all the proceedings to the applicant sometime in February,2018. The present learned counsel of the applicant learnt that suit nos.2367 and 2368 of 2015 were dismissed in default vide order dated 14th August,2015. Thereafter, the applicant took out Notice of Motion for setting aside order of dismissal and by an order dated 6th July,2018, the Notice of Motion was allowed subject to costs of Rs.5,000/. Thereafter, both the suits were listed in C.R. No.31. After making inquiry, he learnt that suit no.2378 of 2015 is assigned to C.R. No.32. Hence, the application. 4 Ms.Ketki Pansare, learned counsel for the applicant, submitted that in all the there suits, the parties are same. The pleadings are almost same. 5 As the respondent and advocate remained absent, the application is unchallenged. The applicant has filed on record acknowledgment showing service on the respondent. 6 In view of above, I pass the following order: O R D E R Transfer Application No.105 of 2019 is allowed. Suit No. 2378 of 2015 pending in C.R. No.32 stands -- 2 of 4 -- 3 TA105.19 transferred to C.R. No.31 for disposal in accordance with law. Both the courts be informed accordingly. 13/06/2019 (V. G. BISHT) Principal Judge, Gr.Bombay. Dictated on : 13/06/2019 Transcribed on : 13/06/2019 Signed by HHJ on : 13/06/2019 -- 3 of 4 -- 4 TA105.19 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER Name of Stenographer: Mrs.Aruna S. Jayade Upload date and time: 13/06/2019 (4.30 p.m.) Name of the Judge H.H.THE PRINCIPAL JUDGE Shri V.G. BISHT(C.R.No.19) Date of Pronouncement of Order 13th June,2019 Order signed by P.O. on 13th June,2019 Order uploaded on 13th June,2019 -- 4 of 4 --