Final Order 1

Order Details: Other
Pdf Text: TA 292/18 1
CNR NO.MHCC010069432018
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
TRANSFER APPLICATION NO.292 OF 2018
IN
L. C. SUIT NO.804 OF 2018
Maqbool Sharif ..Applicant
V/s.
Municipal Corporation of Greater Mumbai ..Respondent
Coram : H.H.THE PRINCIPAL JUDGE
Mrs.P.V. GANEDIWALA
Dated : 20th July, 2018
(C.R.No.19)
Adv. Mr. Rahul Thorat @ Adv. Kalpana Kanhere for the applicant.
Adv. Tadvi for the respondent.
ORAL ORDER
By way of this application, the applicant sought transfer of
L. C. Suit No.804/2018 from Court room no.8 to Court room no.2 on
the ground that the Notice of Motion no.568/2018 was fully heard by
the Presiding Officer and it was kept for passing order on 21/03/2018
and thereafter from time to time the matter was adjourned for passing
order to 31/03/2018, 07/04/2018, 27/04/2018 and 04/05/2018.
2. The applicant states that thereafter the learned Presiding
Officer was transferred to Court Room no.2. Hence, he filed the present
application. The respondent/defendant strongly objected the same.
-- 1 of 3 --
TA 292/18 2
3. I have heard learned counsels for both the parties. At the
outset, the above matter was placed on 31/03/2018 for passing of
orders and thereafter for about 3 months the order could not be passed.
As per Order 20 Rule 1 of The Code of Civil Procedure, if the case has
been heard, the order is to be passed as soon as thereafter and every
endeavour shall be made by the court to pronounce the order within 30
days from the date on which hearing of the case was concluded.
4. In the instant case, already more than 3 months have been
lapsed after hearing of the arguments. Furthermore, in the present suit,
one of the parties is Municipal Corporation of Greater Mumbai and
Court room no.2 is assigned with the matters between private parties
and therefore the matter cannot be transferred. In my opinion, no case
is made out for transfer. Hence, I pass the following order :
ORDER
Transfer Application No.292/2018 stands rejected.
20/07/2018 (P.V. GANEDIWALA)
Principal Judge,
Gr.Bombay.
Dictated on : 20/07/2018
Transcribed on : 20/07/2018
Signed by HHPJ on : 20/07/2018
-- 2 of 3 --
TA 292/18 3
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER
Name of Stenographer : Mrs. Varsha D. Chowdhri
Upload date and time : 21st July, 2018 (At 12.31 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Mrs. P. V. GANEDIWALA (C.R.No.19)
Date of Pronouncement of Order 20th July, 2018
Order signed by P.O. on 20th July, 2018
Order uploaded on 21st July, 2018
-- 3 of 3 --