Final Order 1

Order Details: Other
Pdf Text: 1 TA184.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.184 of 2019
In
S.C. Suit No.3043 of 2011
(High Court Suit No.37 of 2011)
Narendra Singh Chauhan ..Applicant/org.plaintiff
V/s.
Shreeji Construction ..Respondents/defendants
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 13th August,2019
(C.R.No.19)
Advocate Mr.J.A. Udaypuri I/b. Mohanti & Associates for applicant.
Advocate Ms.Minal Jain i/b. M.V. Law Partners for respondent no.6.
O R A L O R D E R
Read application. Heard both the sides.
2 By the present application, the applicant has prayed to transfer
S.C. Suit Nos.3040/11, 3042/11 and 3131/11 from C.R. No.2 to C.R. No.9
and to club the same with Suit Nos.3041/11, 3043/11 and 3130/11.
3 It appears that above mentioned suits are for specific
performance. Issue in all these matter is identical and no prejudice would
be caused to the respondent if the same were clubbed.
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2 TA184.19
4 Mr.J.A. Udaypur, learned counsel for the applicant, submitted
that in all these suits, the relief sought by the applicant is same. The
pleadings are almost same.
5 Ms.Minal Jain, learned counsel for respondent no.6 has no
objection to club the matters.
6 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 no.6 has given no objection to get all the suits clubbed in any
one court.
7 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.
8 In view of above, I pass the following order:
O R D E R
Transfer Application No.184/19 is allowed.
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3 TA184.19
S.C. Suit Nos.3040/11, 3042/11 and 3131/11 pending in C.R.
No.2 stand transferred to C.R. No.9.
Concerned Courts be informed accordingly.
13/08/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 13/08/2019
Transcribed on : 14/08/2019
Signed by HHJ on : 14/08/2019
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4 TA184.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 16/08/2019 (10.40a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 13th August,2019
Order signed by P.O. on 14th August,2019
Order uploaded on 16th August,2019
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