Final Order 1

Order Details: Other
Pdf Text: 1 TA193.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.193 of 2019
In
S.C. Suit No.1090 of 2017
Shriram Hiralal Rawat ..Applicant
V/s.
Shree Sai Shivsiddhi S.R.A.
C.H.S. Ltd & Ors. ..Respondents
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 11th October,2019
(C.R.No.19)
Advocate Mr.P.B. Upadhyay for applicant.
None present for respondents.
O R A L O R D E R
Read application. Read say of respondent no.3. None present
for respondent nos.1 and 2. Heard both the sides.
2 By the present application, the applicant has prayed to transfer
S.C. Suit No.1070/17 from C.R. No.1 to C.R. No.7.
3 It appears that parties in above mentioned suit and in suit no.
2950/16 are same. Earlier, both the suits are pending in C.R. No.1. Both
the suits are identical in nature. Pursuant to order No.66 of 2019 of this
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court, suit no.2950/16 is transferred to C.R. No.7 as defendant no.3 is now
a senior citizen. No prejudice would be caused to the respondent/
defendant if the same were clubbed.
4 Mr.P.B. Upadhyay, learned counsel for the applicant,
submitted that in both the suits, the relief sought by the parties is almost
same. The pleadings are also same.
5 Respondent no.3 has no objection to club the matters.
Respondent nos.1 and 2 absent though served.
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.3 has given no objection to get both the suits clubbed in
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:
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3 TA193.19
O R D E R
Transfer Application No.193/19 is allowed.
S.C. Suit No.1090/17 pending in C.R. no.1 stands transferred
to C.R.7 .
Concerned Courts be informed accordingly.
11/10/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 11/10/2019
Transcribed on : 11/10/2019
Signed by HHJ on : 11/10/2019
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4 TA193.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 14/10/2019 (2.30 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 11th October,2019
Order signed by P.O. on 11th October,2019
Order uploaded on 14th October,2019
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