Final Order 1

Order Details: Other
Pdf Text: 1 TA 225/19
CNR No.MHCC010104952019.
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.225 of 2019
In
Suit No.7862 of 1998
(High Court Suit No.1704 of 1998)
Sicom Limited ..Applicant.
V/s.
Bhupendra Industries Limited & Ors. ..Respondents.
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 16th January, 2020.
(C.R.No.19)
Adv. P. Kumar Jain I/b Prakash Punjabi & Co. for applicant.
None for respondents.
O R A L O R D E R
By the present application, the applicant is seeking transfer of
Suit No.7862/1998 from City Civil Court to Hon'ble Debts Recovery
TribunalII, Mumbai.
2. It is contended that the claim is more than 10 Lakhs and the
plaintiff is Public Financial Institution within the meaning of Recovery of
Debts Due to Banks & Financial Institutions Act, 1993. It is contended that
the said Act came during the pendency of the suit. It is contended that the
application is also moved before Court Room No.13, where the suit is
pending and it is yet to be decided.
3. Though, the respondents were served by pasting the notice,
but nobody appears.
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4. The sum and substance of the argument of learned advocate
for the applicant is that the City Civil Court has no jurisdiction and it is the
Debts Recovery Tribunal who got the jurisdiction in the Act of 1993. Since,
the entire record of the suit is with the Court Room No.13, to whom the
matter was assigned. It is the said Court to decide whether Civil Court or
Debts Recovery Tribunal has jurisdiction to decide the under captioned
suit. Scope of application under Section 24 of the Code of Civil Procedure
is very limited and is in respect of transfer of the proceeding from one
Court to another, on whom the Principal Judge has control/supervision.
Since, the application appears to be filed under Section 9 of the Code of
Civil Procedure, it is for the Court where the proceedings are pending to
decide whether the Civil Court has jurisdiction or not.
5. Even otherwise, 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. In view of above, application under Section 24 of the Code of
Civil Procedure is not applicable. Application is not maintainable. Hence, I
pass following order.
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3 TA 225/19
O R D E R
Transfer Application No.225 of 2019 stands rejected.
16/01/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 16.01.2020.
Transcribed on : 16.01.2020.
Signed by H.H.J. on : 21.01.2020.
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4 TA 225/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mr. Tushar P. Kuwar
Upload date and time: 21/01/2020 at 2.41 p.m.
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 16.01.2020
Order signed by P.O. on 21.01.2020
Order uploaded on 21.01.2020
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