Final Order 1

Order Details: Other
Pdf Text: 1 TA276.19
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.276 of 2019
In
S.C. Suit No.7433 of 1980
(High Court Suit No.1335 of 1980)
Rajendra C. Mehta & anr. ..Applicant/plaintiff
V/s.
M/s.S.P. Builders &
21 ors. ..Respondents/defendants
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 17th December,2019
(C.R.No.19)
Advocate Mr.Dharmesh Jain a/w. Ms.Bhumika Lodha i/b. Ashwin Ankhad
& Associates for applicant/plaintiff.
Advocate Mr.Aman Arora i/b. Desai & Diwanji for respondent/defendant
no.2.
O R A L O R D E R
Read application. Heard both the sides.
2 By the present application, the applicant/plaintiff is seeking
transfer of S.C. Suit No.7433/80 (High Court Suit No.1335/80) from C.R.
No.40 to C.R. No.7 on the ground that the subject matter of both the suits
is identical and for expeditious disposal.
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2 TA276.19
3 It is contended on behalf of applicant/plaintiff that the
plaintiff has purchased two shops by two separate agreements from
defendant no.1. However, defendant no.1 sold shops to plaintiff and
defendant no.2. Individual suits were filed. Both the suits are identical in
nature. Pursuant to order No.66 of 2019 of this court, suit no.7437/80 is
(High Court Suit No.1359/80) already transferred to C.R. No.7 as one of
partner of the plaintiff is now a senior citizen. No prejudice would be
caused to the respondents/defendants if the same were clubbed.
4 Respondent no.1 and advocate absent though served.
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. Respondents have 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 TA276.19
7 In view of above, I pass the following order:
O R D E R
Transfer Application No.276/19 is allowed.
S.C. Suit No. 7433/80 (High Court Suit No.1335/80) pending
in C.R.40 stands transferred to C.R.7.
Concerned Courts be informed accordingly.
17/12/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 17/12/2019
Transcribed on : 17/12/2019
Signed by H.H.J. on : 17/12/2019
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4 TA276.19
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 17th December,2019
Order signed by P.O. on 17th December,2019
Order uploaded on 18th December,2019
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