Final Order 1

Order Details: Other
Pdf Text: 1 TA139.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.139 of 2019
In
S.C. Suit No.3271 of 2013
And
S.C. Suit No.303 of 2014
Popatlal Babulalji Sanghvi ..Plaintiff
V/s.
Shree Laxmi vijay Printing Press ..Defendants
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 4th July,2019
(C.R.No.19)
Advocate Mr.Vaibhav Mehta for applicant.
Advocate Mr.R.B. Jain for respondent.
O R A L O R D E R
Read application supported by affidavit. Heard both the sides.
2 It appears that the present applicant is defendant in two suits
bearing S.C. Suit Nos.303/14 and 3271/13 filed by respondents and the
said suits are pending in C.R. No.2 and 4 respectively. According to
applicant, subject matter in both the suits is same and also the parties. In
these circumstances, it is necessary that both the suits be heard by one and
the same court. Hence, this application for transfer.
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2 TA139.19
3 Mr.Vaibhav Mehta, learned counsel for applicant, submitted
that not only the suit properties in both the suits are same, but the parties
to the suits are also same. Therefore, it is necessary that both the suits be
heard either of the court where the said suits are pending.
4 Mr.R.B. Jain, learned counsel for respondents, on the other
hand, opposed the submissions by contending that both the suits are
entirely different having different causes of action. The issues are also
different. Moreover, according to the learned counsel, this court cannot
exercise powers under Section 24 of the Code of Civil Procedure since the
said provision is all about vesting of power of transfer in the District Court.
The learned counsel, also placed reliance in Monharbala Jeram Damodar
(Smt.) & another V/s. Prabhudas Damodar Kotecha & others, 2001(3)
Bom.C.R.76.
5 Section 2(4) of the Code of Civil Procedure defines District
Court. “District” means the local limits of the jurisdiction of a Principal
Civil Court of original jurisdiction (hereinafter called a “District Court”),
and includes the local limits of the ordinary original civil jurisdiction of a
High Court. From the definition, it is more than clear that Principal Civil
Court of original jurisdiction in Mumbai is the Hon'ble High Court.
6 I may also refer here that while considering the provisions of
Section 10 of the Presidency Small Causes Court Act,1882, the Hon'ble
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3 TA139.19
Bombay High Court in Dadajee Dhackjee & Co. Ltd. V/s. Neelam V.
Rajani and Ors., 2016(1) All.MR.426 and in the case of Monharbala
Jeram Damodar (Smt.) & another V/s. Prabhudas Damodar Kotecha
& others, (Supra) has held that the power under Section 24 cannot be
exercised for transferring the matters on the grounds mentioned in the
present application.
7 In view of above, this court not being a Principal Court of
original jurisdiction, the power under Section 24 of Code of Civil Procedure
cannot be exercised in the present matter. Therefore, the present
application is not maintainable.
8 In view of above, I pass the following order:
O R D E R
Transfer Application No.139 of 2019 stands rejected.
04/07/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 04/07/2019
Transcribed on : 04/07/2019
Signed by HHJ on : 04/07/2019
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4 TA139.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 04/07/2019 (5.20 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 4th July,2019
Order signed by P.O. on 4th July,2019
Order uploaded on 4th July,2019
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