Final Order 1

Order Details: Other
Pdf Text: 1 TA192.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.192 of 2019
In
S.C. Suit No.200 of 2008
M/s.Kanti Engineering Works
(Regd) parternship firm ..Plaintiff/respondent
V/s.
Brazinho F. Monterio
& Ors. ..Defendants/applicants
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 4th November,2019
(C.R.No.19)
Advocate Ms.Priyanka Shukla for applicant/defendant no.1.
Advocate Ms.Hetal Vithlani I/b. M/s. S. Ashwinikumar & Co. for
plaintiff/respondent.
O R A L O R D E R
Read application. Read say of respondent. Heard both the
sides.
2 By the present application, the applicant has prayed to transfer
S.C. Suit No.200 of 2008 from C.R. No.2 to C.R. No.9.
3 It appears that parties in above mentioned suit and in suit no.
2837/07 is almost same. Earlier, both the suits are pending in C.R. No.2.
Both the suits are identical in nature. Pursuant to order No.66 of 2019 of
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this court, suit no.2837/07 is transferred to C.R. No.9 on the ground of
senior citizen. No prejudice would be caused to the respondent/plaintiff if
the same were clubbed.
4 Ms.Priyanka Shukla, learned counsel for applicant/ defendant
submits that suit no.2837/07 is transfered from C.R. no.2 to C.R. no.9 on
the ground of senior citizen. The evidence alongwith original documents
is filed by the plaintiff in suit no.2837/07.
5 Ms.Hetal Vithlani, learned counsel for plaintiff/respondent,
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 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 TA192.19
O R D E R
Transfer Application No.192/19 is allowed.
S.C. Suit Nos.200/08 pending in C.R. no.2 stands
transferred to C.R.9.
Concerned Courts be informed accordingly.
04/11/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 04/11/2019
Transcribed on : 04/11/2019
Signed by H.H.J. on : 04/11/2019
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4 TA192.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 05/11/2019 (10.30 a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 4th November,2019
Order signed by P.O. on 4th November,2019
Order uploaded on 5th November,2019
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