Final Order 1

Order Details: Other
Pdf Text: 1 TA216.19
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
Transfer Application No.216 of 2019
In
Summary Suit No.3188 of 2011
(High Court Suit No.346 of 2011)
Siddharth Bhargav Bhatt ..Applicant/org.plaintiff
V/s.
Kaushik Sharad Shah ..Respondent/org.defendant
Coram : H.H.THE PRINCIPAL JUDGE
V.G. BISHT
Dated : 16th October,2019
(C.R.No.19)
Smt.Sadhana Bhatt, C.A. of plaintiff present.
Advocate Ms.Pranali Dixit i/b. Sean Wass Dew for respondent.
O R A L O R D E R
Read application. Read say of respondent. Heard both the
sides.
2 By the present application, the applicant has prayed to transfer
S.C. Suit No.3188/11 from C.R. No.14 to C.R. No.7.
3 It appears that parties in above mentioned suit and in suit nos.
3240/11 and 3241/11defendant is same. Earlier, all the three suits are
pending in C.R. No.14. All the suits are identical in nature. Pursuant to
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order No.66 of 2019 of this court, suit nos.3240/11 and 3241/11 are
transferred to C.R. No.7 as plaintiffs are now a senior citizen. No prejudice
would be caused to the respondent/defendant if the same were clubbed.
4 C.A. of the applicant, submitted that in all the suits, the relief
sought by the parties is almost same. The pleadings are also same.
5 Respondent has no objection to club the matters.
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 has given no objection to get all the suits clubbed in 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.
8 In view of above, I pass the following order:
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3 TA216.19
O R D E R
Transfer Application No.216/19 is allowed.
S.C. Suit No.3188/11 pending in C.R. no.14 stands transferred
to C.R.7 .
Concerned Courts be informed accordingly.
16/10/2019 (V. G. BISHT)
Principal Judge,
Gr.Bombay.
Dictated on : 16/10/2019
Transcribed on : 16/10/2019
Signed by HHJ on : 16/10/2019
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4 TA216.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 17/10/2019 (4.00 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri V.G. BISHT(C.R.No.19)
Date of Pronouncement of Order 16th October,2019
Order signed by P.O. on 16th October,2019
Order uploaded on 17th October,2019
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