Final Order 1

Order Details: Other
Pdf Text: 1 TA226.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.226 of 2019
In
S.C. Suit No.2855 of 2010
Dilip Purshottamdas Patel
& Ors. ..Applicants/plaintiffs
V/s.
M/s.Acme Associates &
Ors. ..Respondents/defendants
And
Suit No.3124 of 2011
M/s.Acme Associates ..Plaintiff
V/s.
Dilip Purshottamdas Patel
& Ors. ..Defendants
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 16th December,2019
(C.R.No.19)
Advocate Ms.Priyanka Shetty i/b. Theba & Associates for applicants.
Advocate Mr.Karan Dua i/b. M/s.Wadia Gandhy & Co. for respondents/
defendants no.1 to 4 in Suit No.2855/10 and plaintiff in Suit No.3124/11.
O R A L O R D E R
Read application. Read reply of respondents (Exh.2). Heard
both the sides.
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2 TA226.19
2 By the present application, the applicants have prayed to club
the both the suits to any court for hearing and speedy disposal.
3 It appears that parties in above mentioned suits is almost
same. Both the suits are identical in nature. No prejudice would be
caused to the respondents/defendants if the same were clubbed.
4 The respondent nos.1 to 4 have served and filed reply denying
all adverse allegations but gave no objection to transfer the suit.
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. Respondent has submitted to
pass necessary order.
6 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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3 TA226.19
7 In view of above, I pass the following order:
O R D E R
Transfer Application No.226/19 is allowed.
S.C. Suit No.3124/11 pending in C.R.1 stands transferred
to C.R.14 .
Concerned Courts be informed accordingly.
16/12/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 16/12/2019
Transcribed on : 17/12/2019
Signed by H.H.J. on : 17/12/2019
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4 TA226.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 18/12/2019 (2.20 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 16th December,2019
Order signed by P.O. on 17th December,2019
Order uploaded on 18th December,2019
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