Final Order 1

Order Details: Other
Pdf Text: 1 TA208.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.208 of 2019
In
S.C. Suit No.4159 of 2008
(High Court Suit No.1936 of 2008)
Pramila Lodha & anr. ..Applicants/org.plaintiffs
V/s.
Edelweiss Securities Ltd.
& anr. ..Respondents/defendants
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 24th September,2019
(C.R.No.19)
Advocate Mr.B.N. Jadhav for applicants.
Advocate Mr.G.W. Mukri for respondent no.1.
Respondent no.2 and advocate absent.
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.4159/08 from C.R. No.7 to C.R. No.14.
3 It appears that parties in above mentioned suit and in suit no.
4632/08 (H.C. Suit No.2765/08) are same. Earlier, both the suits are
pending in C.R. No.14. Defendants have filed their written statements and
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2 TA208.19
issues have been framed in both the suits. Both the suits are identical in
nature. Pursuant to order No.66 of 2019 of this court, suit no.4159/08 is
transferred to C.R. No.7 as plaintiff no.1 is now a senior citizen. No
prejudice would be caused to the respondents/defendants if the same were
clubbed.
4 Mr.B.N. Jadhav, learned counsel for the applicants, submitted
that in both the suits, the relief sought by the applicants is same. The
pleadings are almost same.
5 Mr.G.W. Mukri, learned counsel for respondent no.1, has no
objection to club the matters. Respondent no.3 absent though served.
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 no.6 has given no objection to get all the suits clubbed in any
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.
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8 In view of above, I pass the following order:
O R D E R
Transfer Application No.208/19 is allowed.
S.C. Suit No.4159/08 pending in C.R. no.7 stands transferred
to C.R.14 .
Concerned Courts be informed accordingly.
24/09/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 24/09/2019
Transcribed on : 24/09/2019
Signed by HHJ on : 24/09/2019
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4 TA208.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 24/09/2019 (5.10 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 24th September,2019
Order signed by P.O. on 24th September,2019
Order uploaded on 24th September,2019
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