Final Order 1

Order Details: Other
Pdf Text: 1 TA164.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.164 of 2019
In
S.C. Suit No.8305 of 1996
(High Court Suit No.4832 of 1996)
Mohammed Salehbhai & Ors. ..Applicants/org.defendants
V/s.
Asma Ibrahim Tavawala ..Respondents/org.plaintiffs
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 15th July,2019
(C.R.No.19)
Advocate Mr.Rashid Khan for applicants.
Advocate Mr.Rajesh Kachare i/b. Tamhane & Co. for respondents.
O R A L O R D E R
Read application. Read say of respondents. Heard both the
sides.
2 By the present application, the applicants have prayed to
transfer S.C. Suit No.8305/96 (H.C. Suit No.4832/96) to C.R. No.36 as the
matter is substantially heard by H.H.J. Shri G.R. Agarwal.
-- 1 of 4 --
2 TA164.19
3 It appears that S.C. Suit No.8305/96 is pending in C.R. No.3.
The applicants state that all the Chamber Summons and Notice of Motion
were heard by Judge Shri Agarwal. The applicants have filed affidavit of
evidence of their witness and produced original documents on record. The
respondents have chosen not to lead any evidence. The crossexamination
of the applicant's witness was conducted by the respondent's witness and
concluded on 15th April,2019. Now the Judge is transferred to C.R. No.36.
4 Mr.Rashid Khan, learned counsel for the applicants, submit
that as the substantial evidence is recorded by Shri Agarwal, it is necessary
to transfer the same to C.R. No.36.
5 Mr.Rajesh Kachare, learned advocate for respondents, have
submitted that since the matter was heard by Shri Agarwal they have no
objection to transfer the same.
6 In view of above, application deserves consideration. Hence,
the following order:
O R D E R
Transfer Application No.164/19 is allowed.
S.C. Suit No.8305/96 (H.C. Suit No.4832/96) pending in C.R.
No.3 stands transferred to C.R. No.36.
-- 2 of 4 --
3 TA164.19
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 TA164.19
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 --