Final Order 1

Order Details: Other
Pdf Text: 1 TA269.19
IN THE COURT OF BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.269 of 2019
In
Summons for Judgment No.193 of 2017
In
Summary Suit No.610 of 2017
Kakubhai P. Mehta ..Applicant/plaintiff
V/s.
Trincas Agencies & Commerce
Pvt. Ltd. & Ors. ..Respondents/defendants
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 18th December,2019
(C.R.No.19)
Advocate Ms.Pooja Rathod i/b. Advocate Mr.Anil Agarwal for applicant.
Advocate Mr.Mittal Gada i//b. Advocate Mr.Dhiren Shah for respondents.
O R A L O R D E R
Read application. Perused reply (Exh.3) filed by respondents.
Heard both the sides.
2 By the present application, the applicant/plaintiff is seeking
transfer of Summons for Judgment no.193/17 and Summary Suit
No.610/17 from C.R. no.40 to C.R.no.12 on the ground that the matter
was already heard by one court. Thereafter, assignment came to be
changed and it was kept for reargument. Again the matter was fully heard
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by Judge Smt.J.R. Pulate who presided over C.R.no.40 and adjourned the
matter for passing of order on Summons for Judgment. However, again
Smt.J.R. Pulate assigned the work of C.R. no.12. Therefore, the applicant
prayed for transfer of this suit under caption Summons for Judgment from
C.R. no.40 to C.R. no.12 for passing order on Summons for Judgment.
3 Initially, the respondents have opposed the application.
Thereafter, they submitted that appropriate order may be passed.
4 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.
5 It is matter of record that the matter was heard by one Judge.
Thereafter, when it was transferred to another Judge, it was kept for re
argument and the matter has been fully heard by Judge Smt.J.R. Pulate
and kept for passing of order and again the assignment of the concerned
Judge changed. To save judicial time and to maintain judicial propriety, it
is desirable that the matter be heard/disposed of by the learned Judge
Smt.J.R. Pulate who is fully seized with the matter. The present
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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.
6 In view of above, I pass the following order:
O R D E R
Transfer Application No.269/19 is allowed.
Summons for Judgment No.193 of 2017 and Summary Suit
No.610/17 pending in C.R.40 stand transferred to the court
preside over by Smt.J.R. Pulate.
Concerned Courts be informed accordingly.
18/12/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 18/12/2019
Transcribed on : 19/12/2019
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 18th December,2019
Order signed by P.O. on 21st December,2019
Order uploaded on 24th December,2019
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