Final Order 1

Order Details: Other
Pdf Text: 1 T.A. 203/19
CNR No.MHCC010090552019
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.203 of 2019
In
S.C. Suit No.1135 of 2019
Mr. Vijay Saigal ..Applicant/plaintiff.
V/s.
Kolwada Sanatan Dharam Sabha’s Education
Society & Ors. ..Respondents/defendants.
AND
IN
S.C. Suit No.1479 of 2019
Mr. Dinesh Thapar ..Applicant/plaintiff.
V/s.
Kolwada Sanatan Dharam Sabha’s Education
Society & Ors. ..Respondents/defendants.
AND
IN
S.C. Suit No.1185 of 2019
Mr. Subhash Talwar ..Applicant/plaintiff.
V/s.
Kolwada Sanatan Dharam Sabha’s Education
Society & Ors. ..Respondents/defendants.
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 08th January, 2020
(C.R.No.19)
Adv. Chetan Mendhadkar for applicant.
Adv. Alisha Pinto I/b White & Brief Advocates & Solicitors for respondent
Nos.1,3 & 4.
Adv. Darshana Naval I/b Adv. Aakash Nilay for respondents No.2 & 5.
None for respondent No.6.
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2 T.A. 203/19
O R A L O R D E R
Read application. Read reply. Heard both the sides.
2. By the present application, the applicants who are plaintiffs in
S.C. Suit No.1135/2019, 1479/2019 & 1185/2019 seek transfer of above
three suits to one Court.
3. It is contended in the application that the nature of all three
suits is one and same and defendants in all these suits are the one and
same. Only the plaintiffs are different and to avoid contrary judgment on
the same state of facts, the transfer of above suits are sought in any of the
one Court.
4. The respondents appeared and submitted that suitable order
may be passed.
5. Heard both the sides. It is matter of record that suit
Nos.1135/2019 and 1479/2019 are pending on the file of Court Room
No.04 and suit No.1185/2019 is pending on the file of Court Room No.09.
Perusal of prayers of these three suits go to show that there are identical
prayers. Rather, in all suits, the Inquiry Reports dated 03.12.2018 are
sought to be quashed.
6. It is worthwhile to mention that in the case of Dadaji
Dhackjee & Co. Ltd. V/s. Neelam V. Rajani and Ors. reported in
2016(1) ALL MR 426 and in case of Smt. Manaharbala Jeram
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3 T.A. 203/19
Damodar & anr. V/s. Prabhudas Damodar Kotecha & Ors. reported in
2001(3) ALL MR 230 it has been held that 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.
7. However, it appears that defendant in all the suit by three
different Inquiry Reports dated 03.12.2018 gave findings against the
plaintiffs in all these suits. These inquiry reports have been challenged in
all three different suits, though the plaintiffs are different, but defendant is
one and same and the nature of the relief in all the suits is same i.e.
quashing of the inquiry conducted by the respondent. Therefore, to avoid
contrary finding by the different Court on same set of facts and to maintain
judicial propriety, it is desirable that all these cases should be heard by one
and same Court. Hence, I pass following order.
O R D E R
1. Transfer Application No.203 of 2019 is allowed.
2. S.C. Suit No.1185/2019 is hereby withdrawn from Court
Room No.09 and transferred to Court Room No.04.
3. Concerned Courts be informed accordingly.
08/01/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 08.01.2020.
Transcribed on : 09.01.2020.
Signed by H.H.J. on : 14.01.2020.
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4 T.A. 203/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mr. Tushar P. Kuwar
Upload date and time: 15/01/2020 at 10.55 a.m.
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 08.01.2020
Order signed by P.O. on 14.01.2020
Order uploaded on 15.01.2020
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