Final Order 1

Order Details: Other
Pdf Text: 1 TA213.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.213 of 2019
In
S.C. Suit No.8727 of 2000
(High Court Suit No.3323 of 2000)
Ratna Rupal Cooperative
Housing Society Ltd. ..Applicant
V/s.
Rupal Builders & Ors. ..Respondents
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 18th December,2019
(C.R.No.19)
Advocate Mr.Prakash Kadam for applicant.
Advocate Mr.Mittal Gada i/b. Advocate Dhiren Shah for respondents.
O R A L O R D E R
Read application. Read reply (Exh.4) filed by respondents.
Heard both the sides.
2 By the present application, the applicant has prayed to transfer
Suit No.8727/00 to Bombay City Civil Court, Dindoshi Branch on the
ground that the suit property as well as defendant nos.2 to 6 reside in the
territorial jurisdiction of Bombay City Civil Court, Dindoshi Branch.
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3 Respondents were served and filed reply objecting the
application on the ground that the plaintiff himself is not taking steps in
the matter and it is delaying practice of the plaintiff. It is also contended
that the matter is part heard. Hence, sought rejection of the application.
4 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
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.
5 However, it appears that the suit was initially filed before the
Hon'ble High Court and on enhancement of pecuniary jurisdiction of this
court, the same was transferred to this court. Now the suit is pending in
C.R. no.7. There is no dispute to the fact that the suit property is situated
within the territorial jurisdiction of Bombay City Civil Court, Dindoshi
Branch.
5 In view of provision of CPC, it is the Bombay City Civil Court,
Dindoshi Branch who has territorial jurisdiction to try the suit. Therefore,
this application be taken on administrative side. In view of the provisions
of CPC, prima facie case is made out for transfer of matter from C.R. no.7
to Bombay City Civil Court, Dindoshi Branch. The Administrative Judge,
Dindoshi Branch may assign the suit to any of the court as per assignment
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for disposal in accordance with law. Accordingly, I pass the following
order:
O R D E R
Transfer Application No.213/19 is allowed.
S.C. Suit No.8727/00 (High Court Suit No.3323/00) pending
in C.R.7 (main Branch) stands transferred to Bombay City Civil Court,
Dindoshi Branch. The Administrative Judge shall assign the suit to one of
the court as per assignment for disposal in accordance with law.
18/12/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 18/12/2019
Transcribed on : 18/12/2019
Signed by H.H.J. on : 21/12/2019
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4 TA213.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 24/12/2019 (1.00p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 18th December,2019
Order signed by P.O. on 21st December,2019
Order uploaded on 24th December,2019
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