Final Order 1

Order Details: Other
Pdf Text: 1 TA168.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.168 of 2019
In
S.C. Suit No.5157 of 2004
Bhalchandra Shripad Virkar
& anr. ..Applicants/org.plaintiffs
V/s.
Vasant L. Bhat & Ors. ..Respondents/org.defendants
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 18th December,2019
(C.R.No.19)
Advocate Mr.R.D. Thorat for applicants.
None present for respondent nos.1 and 2.
Advocate Ms.Shweta Sharma i/b. Advocate Mr.Rakesh Agarwal for
respondent no.3.
O R A L O R D E R
Read application. Read say filed by respondent no.3.
2 By the present application, the applicant who is plaintiff in
Suit No.5157/04 seeks transfer of the said suit to C.R.no.3, Bombay City
Civil Court, Dindoshi Branch.
3 It is contended in the application that the plaintiff has filed a
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suit against defendant nos.1 to 3 for compliance of statutory obligation
under MOFA Act. It is also contended in the application that during the
pendency of suit no.5157/04, another suit came to be filed by the plaintiff
bearing no.190/08 (Suit No.3196/08) before the Hon'ble High Court
challenging the pendente lite transfer of the suit flat by the defendant no.1.
Subsequently, both the suits were transfered to City Civil Court and one of
the suit was assigned to C.R. no.3 at Dindoshi Branch i.e. earlier suit
bearing no.5157/08 and suit no.3196/08 remained in the main branch of
City Civil Court and right now is pending in C.R. no.14.
4 The notices were served. Defendant no.3 submits that the
suitable order be passed. The other defendants though served did not
appear and case against them proceeded without reply.
5 It is apposite to mention here that in the case of Dadaji
Dhackjee & Co. Ltd. V/s. Neelam V. Rajani and Ors. reported in
2016(1) ALL MR 426 and in case of Smt. Manaharbala Jeram
Damodar & anr. V/s. Prabhudas Damodar Kotecha & Ors. reported in
2001(3) ALL MR 230 it has been held that 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.
6 However, it appears in one suit enforcement of stautory
obligation in respect of scheme of a building is sought, whereas in another
suit the subject matter is flat in the said building. Rather, the suit property
is situated with territorial jurisdiction of the Bombay City Civil Court,
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Dindoshi Branch. After transfer of the suits from the Hon'ble high Court,
one suit is transferred to City Civil Court, Dindoshi Division and one
remained here. Perusal of their prayer goes to show that plaintiff is
seeking transfer of the earlier suit i.e. suit no.5157/04 from Dindoshi Court
to main branch of Bombay City Civil Court. But since property in both
suits lies within the territorial jurisdiction of Bombay City Civil Court,
Dindoshi Branch, therefore, the suit no.3196/08 is required to be
transferred to Bombay City Civil Court, Dindoshi Division. So far as prayer
of tagging as clubbing of both the suits, cause of action and nature of both
suits are different. Hence, cannot be granted. Accordingly, I pass the
following order:
O R D E R
Transfer Application No.168/19 is partly allowed.
S.C. Suit No.3196/08 pending in C.R.14 (main Branch) stands
transferred to C.R.3 at Dindoshi Branch
Concerned Courts be informed accordingly.
17/12/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 17/12/2019
Transcribed on : 18/12/2019
Signed by H.H.J. on : 21/12/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 24/12/2019 (1.00p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 18th December,2019
Order signed by P.O. on 21st December,2019
Order uploaded on 24th December,2019
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