Final Order 1

Order Details: Other
Pdf Text: 1 TA262.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No. 262 of 2019
In
Suit No.3751 of 2009
Babu Khan A. Chohan & Ors. ..Applicants
V/s.
M/s.J.D. & Co. Pvt. Ltd. & Ors. ..Respondents
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 14th February,2020
(C.R.No.19)
Advocate Ms.Ankita Upadhyay i/b. advocate Omar Khaiyam Shaikh for
applicants.
Advocate Mr.Sahil Bijaliwala i/b. FZB & Associates for respondent no.1.
Advocate Ms.Ashwini Mahadik for respondent no.2.
O R A L O R D E R
Read application. Perused reply filed by respondent no.1.
Heard both the sides.
2 By the present application, the applicant is seeking transfer of
Civil Suit No.3751/2009 pending on the file of C.R. no.31 to any of the
court, City Civil, Dindoshi branch.
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3 It is contended that the applicant has filed suit no.744/13 in
which the property involved is also subject matter of suit under caption.
The said suit came to be dismissed for default and the application for
restoration is lying in C.R.No.14 at the City Civil Court at Dindoshi branch.
It is contended that parties in both suits are same. Rather, the property in
question in both the suit is situated within the territorial jurisdiction of
Dindoshi Court. But just because the suit under caption came to be
transferred from the Hon'ble High Court in view of enhancement of
pecuniary jurisdiction of Bombay City Civil Court, the said suit remained in
the City Civil Court, Main branch and subsequent suit No.744/2013 with
regard to the same property, came to be filed in City Civil Court at
Dindoshi.
4 The application is opposed on the ground that the suit
property as well as parties to the suit are not same. It is also contended
that the suit under caption came to be transferred from the Hon’ble High
Court under the order by Prothonotary and Senior Master to City Civil
Court, main branch. Therefore, contrary to the said order, this cannot be
transferred to the City Civil Court at Dindoshi branch.
5 With a view that there should not be inconvenience to the
advocate for the parties, by administrative order the Prothonotary and
Senior Master of the Hon’ble High Court, all the suit value upto Rs.1 Crore
were transferred to City Civil Court, Main Branch. The order further
reflects that in case of no objection by both the parties the matter may be
transferred to City Civil Court, Dindoshi. Thus, the whole object was to
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avoid inconvenience. Since, as per Civil Procedure Code, the suit in respect
of immovable property is to be instituted where the property is situated,
and the respondent and his advocate are already attending the City Civil
court, Dindoshi for the said matter filed by the applicant at Dindoshi.
Therefore, there is no question of any further inconvenience to the
respondent and it’s advocate.
6 There is substantive provision in Civil Procedure Code that suit
must be filed within the territorial jurisdiction where the property is
situated. Evidently, the property involved in Suit No.3751/09, situated
with territorial jurisdiction of City Civil Court, Dindoshi branch. More so,
subsequent suit is already filed in the court of Dindoshi between the same
parties except addition of formal party therefore, it is desirable that this
suit be transferred to City Civil Court, Dindoshi Branch.
7 In view of above, it is desirable that this suit be transferred to
City Civil Court, Dindoshi Branch. The case is made for transfer on
administrative side. Therefore, this application be treated as application on
administrative side. Hence, the following order:
O R D E R
1) T.A. No.262/19 is allowed.
2) L.C. Suit No.3751/09 is withdrawn from C.R. no.31 (Main
Branch) and is made over to C.R. no.14 (Dindoshi branch)
for disposal in accordance with law.
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3) Concerned courts be informed accordingly.
14/02/2020 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 14/02/2020
Transcribed on : 15/02/2020
Signed by H.H.J. on : 11/03/2020
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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: 11/03/2020 (5.15 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 14th February,2020
Order signed by P.O. on 11th March,2020
Order uploaded on 11th March,2020
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