Final Order 1

Order Details: Other
Pdf Text: 1 TA249.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.249 of 2019
In
L.C. Suit No.116 of 2017
Arvind Kothari ..Applicant/plaintiff
V/s.
Designated Officer, Asst.
Engineer (B&F) & Ors. ..Respondents/defendants
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 19th December,2019
(C.R.No.19)
Advocate Ms.Preet Chawla for applicant.
Advocate Ms.Seema Rawade for respondent nos.1 and 2.
None present for respondent no.3.
O R A L O R D E R
Read application. Perused say filed by respondent nos.1 and 2.
None present for respondent no.3. Heard both the sides.
2 By the present application, the applicant/plaintiff is seeking
transfer of L.C. Suit No.111 of 2017 from C.R. No.5 to C.R. No.6.
3 It appears that the applicant has filed above mentioned suit
against the notice issued by Mumbai Municipal Corporation under Section
351 of Mumbai Municipal Corporation Act,1888. Various similar suits are
filed by the occupants of the same building, as by the applicant. One suit
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2 TA249.19
out of them i.e. suit no.112/17 is transferred to C.R. No.6 on the
administrative ground.
4 Heard advocate for the applicant and respondent. It is
contended that allegations in the notice in above mentioned suit and L.C.
suit no.112/17 are similar. The premises in respect of which the impugned
notice has been issued as also in L.C. suit no.112/17 is situated in the same
building. Therefore, he prays to transfer the suit from C.R. no.5 to C.R.
no.6.
5 The respondent nos.1 and 2 filed say and have taken strong
objection for transfer of the suit. He submitted that the Presiding Officer
is available to hear the matter and he heard similar matters and passed the
orders by dismissing Notice of Motion. No specific reason is mentioned in
the application.
6 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.
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7 It appears that there is batch of suits, filed by the occupants of
the same building individually. Rather, the ground of notice in all the suits
are same. On administrative ground one of the suit is transferred to C.R.
no.5. To avoid contradictory judgments and to maintain judicial propriety,
I think all the suits shall be heard by one court. 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:
O R D E R
Transfer Application No.249/19 is allowed.
L.C. Suit No.116/17 pending in C.R.5 stands transferred to
C.R.6 .
Concerned Courts be informed accordingly.
19/12/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 19/12/2019
Transcribed on : 20/12/2019
Signed by H.H.J. on : 21/12/2019
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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 (10.30a.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 19th December,2019
Order signed by P.O. on 21st December,2019
Order uploaded on 24th December,2019
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