Final Order 1

Order Details: Other
Pdf Text: 1 TA143.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.143 of 2019
In
S.C. Suit No.7171 of 2001
(High Court Suit No.1655 of 2001)
Jalaluddin Ahmed Parkar
& anr. ..Applicants/plaintiffs
V/s.
Union of India & Ors. ..Respondents/defendants
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 22nd August,2019
(C.R.No.19)
Advocate Mr.Wasim Qureshi i/b. S.V. Pikale & Co. for applicants.
Advocate Mr.S.R. Rajguru for respondent nos.1 and 4.
Advocate Ms.Vaibhavi Gala i/b. advocate Charanjeet Chandrapal for
respondent nos.2 and 3.
Respondent nos.5 to 8 absent.
O R A L O R D E R
Read application. Read reply (Exh.3) filed by respondent
nos.1 and 4. Heard both the sides.
2 By the present application, the applicant has prayed to transfer
S.C. Suit No.7171/01 (H.C. Suit No.1655/01) from C.R. No.12 to C.R.
No.16 as the final arguments in the matter are substantially heard by
H.H.J. Shri P.P. Rajvaidya.
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2 TA143.19
3 It appears that the arguments of plaintiff was completely
heard by Shri Rajvaidya and the same was adjourned for final arguments
of defendant. However, Shri Rajvaiday Judge had been transferred to C.R.
no.16 .
4 Mr.Wasim Qureshi, learned counsel for the applicant, submits
that in the interest of justice, it is necessary to transfer the matter to C.R.
No.16. No irreparable or prejudice would be caused to the respondents if
the matter is transferred.
5 Mr.S.R. Rajguru, learned counsel for respondent nos.1 and 4,
opposed the application and denied that argument of matter before the
new Judge will make entire process time consuming.
6 Ms.Vaibhavi Gala, learned counsel for respondent nos.2 and 3,
have submitted to pass necessary order.
7 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.
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3 TA143.19
8 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.
9 In view of above, I pass the following order:
O R D E R
Transfer Application No.143/19 stands rejected.
22/08/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 22/08/2019
Transcribed on : 22/08/2019
Signed by HHJ on : 22/08/2019
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4 TA143.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 22/08/2019 (5.35 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 22nd August,2019
Order signed by P.O. on 22nd August,2019
Order uploaded on 22nd August,2019
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