Full Order Text
Final Order 1 · 15 Jul 2019 · CNR MHCC010062422019
Order Details: Other Pdf Text: 1 TA150.19 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Transfer Application No.150 of 2019 In S.C. Suit No.8607 of 1992 (High Court Suit No.877 of 1992) Salome Roy Kapur ..Applicant/plaintiff V/s. Tax Recovery Officer & Ors. ..Respondents/defendants Coram : H.H.THE PRINCIPAL JUDGE V.G. BISHT Dated : 15th July,2019 (C.R.No.19) Advocate Mr.K.P. Purohit for applicant. Advocate Ms.Shaista Hadi for respondents. O R A L O R D E R Read application. Heard both the sides. 2 By the present application, the applicant has prayed to transfer S.C. Suit No.8607/92 (H.C. Suit No.877/92) 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. 3 It appears that the matter was completely heard by Shri -- 1 of 4 -- 2 TA150.19 Rajvaidya and the written arguments of both the sides have also been filed before him. However, before Shri Rajvaidya could pronounce final judgment, he had been transferred to C.R. no.16 and therefore, the suit as a natural consequence and in the interest of justice must be transferred to C.R.no.16, otherwise rehearing of arguments involving lengthy and elaborate legal provisions and case law will unnecessarily waste court's time and public time. 4 Mr.K.P. Purohit, learned counsel for the applicant, submits that in the interest of justice, it is necessary to transfer the matter to C.R. No.36. No irreparable or prejudice would be caused to the respondents if the matter is transferred. 5 Ms.Shaista Hadi, learned counsel for respondents, have submitted to pass necessary order. 6 In my opinion, as the final arguments were heard by Shri Rajvaidya, the same needs to be transferred. 7 In view of above, I pass the following order. O R D E R Transfer Application No.150/19 is allowed. -- 2 of 4 -- 3 TA150.19 S.C. Suit No.8607/92 (H.C. Suit No.877/92) pending in C.R. No.12 stands transferred to C.R. No.16. Concerned Courts be informed accordingly. 15/07/2019 (V. G. BISHT) Principal Judge, Gr.Bombay. Dictated on : 15/07/2019 Transcribed on : 15/07/2019 Signed by HHJ on : 15/07/2019 -- 3 of 4 -- 4 TA150.19 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER Name of Stenographer: Mrs.Aruna S. Jayade Upload date and time: 15/07/2019 (5.30 p.m.) Name of the Judge H.H.THE PRINCIPAL JUDGE Shri V.G. BISHT(C.R.No.19) Date of Pronouncement of Order 15th July,2019 Order signed by P.O. on 15th July,2019 Order uploaded on 15th July,2019 -- 4 of 4 --