Final Order 1

Order Details: Other
Pdf Text: 1 TA217.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.217 of 2019
In
S.C. Suit No.6750 of 2005
M/s.Manish Erectors Pvt. Ltd. ..Respondent/plaintiff
V/s.
Abdul Khaliqui Siddiqui ..Applicant/defendant
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 31st December,2019
(C.R.No.19)
Advocate Mr.M.H. Najmi i/b. Walwaikar Law Associates for applicant.
Respondent and advocate absent.
O R A L O R D E R
Read application. Heard applicant. Read reply filed by the
respondent.
2 By the present application, the applicant has prayed to transfer
Suit No.6750/05 pending in C.R. no.1 (Main Branch) to City Civil Court,
Dindoshi branch.
3 It is contended that applicant is a senior citizen. He suffers
from various diseases and restricted by doctor for travelling. The suit
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property is situated within the territorial jurisdiction of Bombay City Civil
Court, Dindoshi branch. Hence, this application.
4 Respondent filed reply and submitted that allegations made in
paragraph no.6 of this application are incorrect and baseless. There was
no deliberate delay on the part of the respondent. Hence, sought rejection
of the application.
5 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.
6 However, it appears that the suit property is situated within
the territorial jurisdiction of Bombay City Civil Court, Dindoshi branch. 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.1 to
Bombay City Civil Court, Dindoshi Branch. The Administrative Judge,
Dindoshi Branch may assign the suit to any of the court as per assignment
for disposal in accordance with law. Accordingly, I pass the following
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order:
O R D E R
Transfer Application No.217/19 is allowed.
S.C. Suit No.6750/05 pending in C.R.1 (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.
31/12/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 31/12/2019
Transcribed on : 01/01/2020
Signed by H.H.J. on : 06/01/2020
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4 TA217.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time:( 07/01/2020)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 31st December,2019
Order signed by P.O. on 6th January,2020
Order uploaded on 7th January,2020
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