Final Order 1

Order Details: Other
Pdf Text: 1 TA206.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.206 of 2019
In
Notice of Motion No.114 of 2019
In
S.C. Suit No.5026 of 2007
Mahadeo Vithal Koli ..Applicant
V/s.
Sanjay Patel & Ors. ..Respondents
Coram : H.H.THE SESSIONS JUDGE
V.G. BISHT
Dated : 23rd October,2019
(C.R.No.19)
Advocate Mr.Shivam Mehra for applicant.
Advocate Mr.Yashesh Kamdar i/b. MDP & Partners for respondent nos.1
and 3.
Advocate Ms.Darshita Tita i/b. Advocate Ms.Asha Bambwani for
respondent no.2.
O R A L O R D E R
Read application alongwith affidavit in support. Read say
(Exh.4) of respondent nos.1 and 3. Read say (Exh.6) of respondent no.2.
Respondent nos.1 and 3 have supported the application.
2 It appears that applicant had taken out Notice of Motion
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No.114/19 against respondent and others for taking action for the act of
perjury and had filed T.A. no.170/19 for getting the said Notice of Motion
transferred to C.R. no.45 from C.R. no.14. The said T.A. was allowed on
3rd August,2019. According to the applicant, infact, the said Notice of
Motion no.114/19 was pending in C.R. no.34 and not in C.R. no.14.
Because of the said clerical mistake, the matter could not be transferred
and, therefore, it is necessary that Notice of Motion No.114/19 pending in
C.R. no.34 alongwith Suit No.5026/07 be transferred to the court of Shri
K.R. Joglekar.
3 Respondent no.3 has opposed the application by contending
that so far the transfer of the suit is concerned, the same is rejected by this
court while passing the order dated 3rd August,2019. Therefore, the same
cannot be granted now. Moreover, the parties cannot be permitted to
choose the forum of their choice for hearing the matter. No reasons are
given to transfer the NM No.114/19 to the court of Shri K.R. Joglekar. In
such circumstances, application deserves to be dismissed with costs.
4 Mr.Shivam Mehra, learned counsel for applicant, submitted
that earlier T.A. no.170/19 was allowed by this court. However, because
of some clerical mistake, C.R. number wrongly came to be mentioned as
C.R. no.14 instead of C.R. no.34 from where the Notice of Motion was to
be transferred to the court of Shri K.R. Joglekar. Moreover, according to
learned counsel, Notice of Motion bearing No.3476/17 is decided by Shri
K.R. Joglekar and, therefore, it is desirable that the present Notice of
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Motion viz. 114/19 having the similar accusations against the present
respondents arising in the same suit be transferred to the court of Shri K.R.
Joglekar alongwith suit.
5 Ms.Darshita Tita, learned counsel for respondent no.2, on the
other hand, has opposed the present application on the ground that so far
as prayer of transfer of suit is concerned, the same has already been
rejected by this court by passing the order in T.A. no.170/19, and,
therefore, the said prayer cannot be entertained again. Regarding transfer
of Notice of Motion, as the same is yet to be heard on merits and the fact
that no cogent reasons are given, the application deserves to be rejected,
argued learned counsel.
6 I have gone through the order dated 3rd August,2019 passed
by this court in T.A. No.170/19. It is apparent that prayer to transfer Suit
No.5026/07 was rejected by this court. However, it does appear that T.A.
no.170/19 which was in respect of transfer of NM No.114/19 was allowed
by this court from C.R. no.14 to C.R. no.45 for disposal in accordance with
law. According to applicant8 in the said T.A. application C.R. no.14
inadvertently came to be mentioned instead of C.R. no.34. Moreover,
similar Notice of Motion bearing no.3476/17 arising out of the suit
no.5026/07 was heard on merits and decided by Shri K.R. Joglekar. In
such circumstances, it is desirable that the present Notice of Motion
no.114/19 be heard and decided by Shri K.R. Joglekar only. No prejudice
would be caused to the respondent no.2.
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7 In view of above, I pass the following order:
O R D E R
Transfer Application No.206/19 is partly allowed.
Notice of Motion No.114/19 pending in C.R. no.34 stands
transferred to the court of Shri K.R. Joglekar presiding over C.R. no.45 for
disposal in accordance with law.
However, the prayer to transfer Suit No.5026/07 being
already rejected earlier, cannot be entertained.
Concerned courts be informed accordingly.
23/10/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 23/10/2019
Transcribed on : 23/10/2019
Signed by H.H.J. on : 23/10/2019
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 23/10/2019 (5.30 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 23rd October,2019
Order signed by P.O. on 23rd October,2019
Order uploaded on 23rd October,2019
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