Full Order Text
Final Order 1 · 06 Jan 2020 · CNR MHCC010122432019
Order Details: Other Pdf Text: 1 TA274.19 IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY Transfer Application No.274 of 2019 In S.C. Suit No.2076 of 2019 @ Notice of Motion No.3078 of 2019 Kaved Steel Products Pvt. Ltd. & Ors. ..Applicants/plaintiffs V/s. Bank of Baroda & Ors. ..Respondents/defendants Coram : H.H.THE PRINCIPAL JUDGE M.W. CHANDWANI Dated : 6th January,2020 (C.R.No.19) Advocate Ms.Priyanka Dubey i/b. NBD Law for applicants/plaintiffs. Advocate Mr.Nilesh Bamane h/f. M/s.A.R. Bamane & Co. for respondent nos.1 to 3. O R A L O R D E R Read application. Perused reply filed by respondents. Heard both the sides. 2 By the present application, the applicants/the plaintiffs in suit no.2076 seeks transfer of the said suit from C.R. no.20 to C.R. no.42. 3 It is contended that Notice of Motion in the above said suit -- 1 of 4 -- 2 TA274.19 was heard by learned Judge Shri M.V. Kurtadikar when he was presiding over C.R. no.20 on multiple dates. Statusquo was granted as the respondent failed to file reply and the matter was kept for hearing on Notice of Motion. Meanwhile, learned Judge Shri M.V. Kurtadikar transferred to C.R. no.42. It is contended that since the Notice of Motion was heard by said learned Judge, the matter be transferred to C.R. no.42. 4 The application is opposed on the ground that the Notice of Motion is yet to be heard afresh and just because the statusquo order was passed by the learned Judge, to seek favourable orders, false and baseless application is filed. Hence, prayed for dismissal. 5 In view of 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 Even otherwise, the record also shows that after hearing on prayer of statusquo, the learned Judge granted the said prayer on 23 rd September,2019 and at that time even the respondent has not filed reply. Thus, the Notice of Motion was yet to be matured for hearing, rather it required to be heard. Just because the statusquo order was passed by the -- 2 of 4 -- 3 TA274.19 learned Judge, it cannot be said that the Notice of Motion was completely heard by him. 7 In view of above, even on administrative side, no case is made out for transfer. Hence, the following order: O R D E R Transfer Application No.274/19 stands rejected. 06/01/2020 (M.W. CHANDWANI) Principal Judge, Gr.Bombay. Dictated on : 06/01/2020 Transcribed on : 06/01/2020 Signed by H.H.J. on : 10/01/2020 -- 3 of 4 -- 4 TA274.19 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER Name of Stenographer: Mrs.Aruna S. Jayade Upload date and time: 15/01/2020 (10.45 a.m.) Name of the Judge H.H.THE PRINCIPAL JUDGE Shri M.W. CHANDWANI(C.R.No.19) Date of Pronouncement of Order 06th January, 2020 Order signed by P.O. on 10th January, 2020 Order uploaded on 15th January, 2020 -- 4 of 4 --