Final Order 1

Order Details: Other
Pdf Text: 1 TA202.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.202 of 2019
In
S.C. Suit No.4794 of 2007
(High Court Suit No.939 of 2007)
Abdul Rehman Lakdawala ..Applicant/org.defendant no.9
V/s.
Nelofar Arshad Shaikh
& anr. ..Respondents/org.plaintiffs
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 14th October,2019
(C.R.No.19)
Advocate Mr.S. Shamim I/b. Shamim & Co. for applicant/defendant no.9.
Advocate Mr.Ashok Wanvari for respondent nos.1 and 2.
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.4749/09 (H.C. Suit No.939/07) from C.R. No.1 to C.R. No.9 .
3 It appears that earlier both suits i.e. present suit and Suit
No.720/13 were pending in C.R. No.1. As the parties are senior citizen,
Suit no.720/13 is transferred to C.R. No.9.
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4 Mr.S.Shamim, learned counsel for applicant, submitted that
not only the subject matter of the suits are same but the parties are also
same and this court has ample power under Section 24 of the Code of Civil
Procedure to transfer the suits.
5 Mr.Ashok Wanvari, learned counsel for respondent, on the
other hand, at the very outset, questioned the maintainability of the
application by contending that this court not being the District Court in the
light of provisions of Section 24 of the Code of Civil Procedure, has no
jurisdiction or the power to grant any reliefs. Learned counsel placed
reliance in Manharbala Jeram Damodar and other V/s. Prabhudas
Damodar Kotecha and others 2001(2) Mh.L.J.477.
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
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3 TA202.19
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 The learned counsel for applicant, while distinguishing the
ratio laid down in the case of Manharbala Jeram Damodar and other
V/s. Prabhudas Damodar Kotecha and others (Supra), submitted that
ratio therein was laid down in the light of provisions of Presidency Small
Causes Courts Act,1882. Let me it make very clear that provision of
Section 7 of the Bombay City Civil & Sessions Court Act,1948 is pari
mataria with Section 10 of the Presidency Small Causes Courts Act,1882.
Therefore, the ratio led down in Manharbala Jeram Damodar and other
V/s. Prabhudas Damodar Kotecha and others will be squarely applicable
to the case in hand.
8 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.
9 Considering the conclusion arrived as aforesaid, I pass the
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following order:
O R D E R
Transfer Application No.202/19 stands rejected.
14/10/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 14/10/2019
Transcribed on : 15/10/2019
Signed by HHJ on : 15/10/2019
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5 TA202.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 15/10/2019 (5.20 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 14th October,2019
Order signed by P.O. on 15th October,2019
Order uploaded on 15th October,2019
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