Final Order 1

Order Details: Other
Pdf Text: 1 TA146.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.146 of 2019
In
L.C. Suit No.2239 of 2018
With
S.C. Suit No.1391 of 2018
Chetan Shailesh Trivedi ..Applicant/plaintiff
V/s.
Municipal Corporation of
Gr.Mumbai & Ors. ..Respondents/Defendants
And
S.C. Suit No.1391 of 2018
Malli Developers Pvt. Ltd.
& Ors. ..Plaintiffs
V/s.
Shailesh I. Trivedi & Ors. ..Defendants
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 24th July,2019
(C.R.No.19)
Advocate Mr.Rohan Bangar for applicant/plaintiff.
Advocate Mr.Rajesh Chheda for respondent no.4 in Suit No.2239/18 and
for plaintiff in Suit No.1391/18.
O R A L O R D E R
Read application. Heard learned counsel for both the parties.
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2 TA146.19
2 It appears that the present applicant has filed L.C. Suit
No.2239/18 against respondents/defendants which is pending in C.R.
no.12. It is further seen that defendant in the said suit has also filed a suit
bearing Suit No.1391/18 against the present applicant and others and the
same is pending in C.R. no.3. The subject matter in both the suits is one
and the same. In order to save the time of the court and as also of the
parties, it is necessary that both the suits be heard by either of the court.
3 Strictly speaking, in view of provision of Section 24 of Code of
Civil Procedure this court not being a Principal Court of original
justification, has no power to transfer any civil proceedings from one court
to another on the judicial side. However, in the present case, not only the
respondent no.4 has given no objection but the Presiding Officer of C.R.
No.3 vide order dated 26th April,2019 directed the present respondent no.4
to get both the suits clubbed in any one court.
4 In view of above, the present application can be treated as an
application given on the administrative side and in the administrative
capacity the undersigned, in order to meet the ends of justice, thinks it
proper to allow the application.
5 Hence, the following order:
O R D E R
Transfer Application No.146/19 is allowed.
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3 TA146.19
L.C. Suit No.2239/18 pending in C.R. No.12 stands transferred to
C.R.No.3.
Concerned Courts be informed accordingly.
24/07/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 24/07/2019
Transcribed on : 24/07/2019
Signed by HHJ on : 24/07/2019
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4 TA146.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 24/07/2019 (5.10 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 24th July,2019
Order signed by P.O. on 24th July,2019
Order uploaded on 24th July,2019
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