Final Order 1

Order Details: Other
Pdf Text: 1 TA200.19
IN THE BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.200 of 2019
In
S.C. Suit No.2216 of 2019
@
Notice of Motion No.3076 of 2019
Abhay Narendra Lodha ..Applicant/plaintiff
V/s.
Canara Bank & anr. ..Respondents/defendants
And
S.C. Suit No.2217 of 2019
@
Notice of Motion no.3077 of 2019
Abhay Narendra Lodha & Ors. ..Applicants/Plaintiffs
V/s.
Bank of Baroda & Ors. ..Respondents/defendants
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 15th November,2019
(C.R.No.19)
Advocate Ms.Priyanka Dubey for applicant.
Advocate Mr.Nandkumar More for respondent no.1 in suit no.2216/19.
Advocate Ms.Sujata Dahigaonkar i/b. Advocate Ms.Sandhya Nanaware for
respondent no.2 in suit no.2216/19.
Advocate Mr.Nilesh Bamane i/b. M/s. A.R. Bamane and Co. for respondent
nos.1 to 3 in Suit No.2217/19.
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2 TA200.19
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 No.2216/19 pending in C.R. No.31 and Suit No.2217 of 2019
pending in C.R. no.32 to C.R. No.20.
3 It appears that in suit no.2216/19, 2217/19 and 2076/19 the
facts, law points and arguments are based on certain RBI guidelines. The
advocates are also same in both the suits. Suit no.2076/19 is kept for
arguments before C.R. No.20.
4 Ms.Priyanka Dubey, learned counsel for applicant, submitted
that not only the subject matter of the suits are same but the law points are
also same and this court has ample power under Section 24 of the Code of
Civil Procedure to transfer the suits.
5 Mr.Nandkumar More, learned four respondent no.1, has no
objection. Ms.Sujata Dahigaonkar, learned counsel for respondent no.2, in
Suit no.2216/17 on the other hand, at the very outset, submitted that
applicant has made false submissions before the court that suit no.2076/19
is placed for arguments before C.R. No.20. He further submitted that the
application does not enumerate any justification and reasons for transfer.
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3 TA200.19
The applicant has not explained how the matters are connected.
6 The only question to be determined here is whether this court
can exercise such powers under Section 24 of Code of Civil Procedure.
7 Section 2(4) of the Code of Civil Procedure defines District
Court. “District” means the local limits of the jurisdiction of a Principal
Civil Court of original jurisdiction (hereinafter called a “District Court”),
and includes the local limits of the ordinary original civil jurisdiction of a
High Court. From the definition, it is more than clear that Principal Civil
Court of original jurisdiction in Mumbai is the Hon'ble High Court.
8 I may also refer here that while considering the provisions of
Section 10 of the Presidency Small Causes Court Act,1882, the Hon'ble
Bombay High Court in Dadajee Dhackjee & Co. Ltd. V/s. Neelam V.
Rajani and Ors., 2016(1) All.MR.426 and in the case of Manharbala
Jeram Damodar and other V/s. Prabhudas Damodar Kotecha and
others has held that the power under Section 24 cannot be exercised for
transferring the matters on the grounds mentioned in the present
application.
9 In view of above, this court not being a Principal Court of
original jurisdiction, the power under Section 24 of the Code of Civil
Procedure cannot be exercised in the present matter. Therefore, the
present application is not maintainable.
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4 TA200.19
10 Considering the conclusion arrived as aforesaid, I pass the
following order:
O R D E R
Transfer Application No.200/19 stands rejected.
15/11/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 15/11/2019
Transcribed on : 15/11/2019
Signed by H.H.J. on : 15/11/2019
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5 TA200.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 16/11/2019 (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 15th November,2019
Order signed by P.O. on 15th November,2019
Order uploaded on 16th November,2019
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