Full Order Text
Final Order 1 · 03 Aug 2019 · CNR MHCC010075452019
Order Details: Other Pdf Text: 1 TA179.19 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Transfer Application No.179 of 2019 In S.C. Suit No.4575 of 2013 Amrik Singh Alag & Ors. ..Applicants/plaintiffs V/s. Rashtriya Chemicals & Fertilizers Ltd. ..Respondent/Defendant Coram : H.H.THE PRINCIPAL JUDGE V.G. BISHT Dated : 3rd August,2019 (C.R.No.19) Advocate Mr.Y. Ghoghari a/w. advocate Ms.Karishma Agarwal i/b. Vigil Juris for applicants/plaintiffs. Advocate Mr.Rajesh Dubey i/b. M.S. Bodhanwalla & Co. for respondent/ defendant. O R A L O R D E R Read application. Heard learned counsel for both the parties. 2 It appears that the present applicants have filed S.C. Suit No.4575/13 against respondent/defendant which is pending in C.R. no.3. It is further seen that a similar suit being Suit No.51/13 have filed by one Avtar Singh Alag and others in the capacity of sublessee of the suit -- 1 of 4 -- 2 TA179.19 property against the defendant/respondent for similar reliefs and the same is pending in C.R. No.1. The subject matter in both the suits is one and the same. In order to save the time of the court and as also of the parties, it is necessary that both the suits be heard by either of the court. 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. However, in the present case, the respondent has given no objection.. 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.179/19 is allowed. S.C. Suit No.4575/13 pending in C.R. No.3 stands transferred to C.R.No.1. -- 2 of 4 -- 3 TA179.19 Concerned Courts be informed accordingly. 03/08/2019 (V. G. BISHT) Principal Judge, Gr.Bombay. Dictated on : 03/08/2019 Transcribed on : 03/08/2019 Signed by HHJ on : 03/08/2019 -- 3 of 4 -- 4 TA179.19 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER Name of Stenographer: Mrs.Aruna S. Jayade Upload date and time: 05/08/2019 (11.50 a.m.) Name of the Judge H.H.THE PRINCIPAL JUDGE Shri V.G. BISHT(C.R.No.19) Date of Pronouncement of Order 3rd August,2019 Order signed by P.O. on 3rd August,2019 Order uploaded on 5th August,2019 -- 4 of 4 --