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Court Order

Final Order 1

CNR MHCC01007280201905 Oct 2019
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 05 Oct 2019 · CNR MHCC010072802019

Order Details: Other
Pdf Text: 1 TA169.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.169 of 2019
In
Chamber Summons No.897 of 2015
In
S.C. Suit No.6956 of 2003
(High Court Suit No.2534 of 2003)
Nusli Neville Wadia & ors.. ..Applicants/org. defendants
V/s.
Ramesh Moreshwar Patil
& ors. ..Respondents/org.plaintiffs
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 5th October,2019
(C.R.No.19)
Advocate Mr.Vikrant Makhare I/b. Nagindas Shah and Himayatullah for
applicants/defendant nos.6 to 8.
Advocate Mr.Chetan Rathod for respondents/plaintiffs.
None present for respondent nos.1 to 5, 9 and 10.
O R A L O R D E R
Read application. Read reply (Exh.3) filed by the plaintiffs.
None present for respondent nos.1 to 5, 9 and 10. Heard both the sides.
2 It appears that the present application has been filed by the
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2 TA169.19
plaintiffs for limited purpose of seeking the transfer of Chamber Summons
no.897/15 pending in C.R. No.11 to C.R. no.9. The Chamber Summons is
heard by Judge Shri K.P. Nandedar and after hearing the Chamber
Summons Judge Shri Nandedkar has partly dictated the order. Now the
Judge is transferred to C.R. No.9.
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. Learned counsel for respondents have no
objection to transfer the Chamber Summons.
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.169/19 is allowed.
Chamber Summons no.897/15 in S.C. Suit No.6956/03 (High Court
Suit No.2534/03)pending in C.R. No.11 stands transferred to
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3 TA169.19
C.R.No.9.
Concerned Courts be informed accordingly.
05/10/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 05/10/2019
Transcribed on : 05/10/2019
Signed by HHJ on : 05/10/2019
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4 TA169.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 05/10/2019 (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 5th October,2019
Order signed by P.O. on 5th October,2019
Order uploaded on 5th October,2019
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