Final Order 1

Order Details: Other
Pdf Text: 1 T.A. 288/19
CNR No.MHCC010130182019
IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY
Transfer Application No.288 of 2019
In
Commercial Suit No.141 of 2019
Shraddha Khandhadia ..Applicant/plaintiff.
V/s.
M/s. Shree Tirupati Greenfield & Ors. ..Respondents/defendants.
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 10th January, 2020
(C.R.No.19)
Applicant in person.
Adv. Saurabh Oak for respondents.
O R A L O R D E R
Read application. Read reply. Heard both the sides.
2. By the present application, the applicant seeks transfer of
Commercial Suit No.141/2019 to Court Room No.20.
3. It is contended by the applicant that her father has also filed
the suit on the basis of Bills of Exchange as in present case against the
same defendants. According to the applicant, the said suit is lying in Court
Room No.20 and the suit under caption is pending in Court Room No.28.
Both the suits require consideration of common question of fact and the
argument will be same. Therefore, to avoid contrary view, both the suits be
tried by one and same Court. Hence, this application.
4. Respondents appeared and did not object the application and
leave it to the Court.
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2 T.A. 288/19
5. Heard both the parties. 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.
6. Since, the defendant submitted to the order of this Court and
as such, the nature of both the suits are same and the plaintiff in another
suit is represented by the applicant/plaintiff in suit No.141/2019.
Therefore, to avoid contrary judgment, it is desirable that both the suits
should be heard by one and same Court, particularly, when the defendants
submitted to the order of the Court. Hence, following order.
O R D E R
1. Transfer Application No.288 of 2019 is allowed.
2. Commercial Suit No.141/2019 is hereby withdrawn from
Court Room No.28 and transferred to Court Room No.20.
3. Concerned Courts be informed accordingly.
10/01/2019 (M.W. CHANDWANI)
Principal Judge,
Gr.Bombay.
Dictated on : 10.01.2020.
Transcribed on : 10.01.2020.
Signed by H.H.J. on : 10.01.2020.
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3 T.A. 288/19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mr. Tushar P. Kuwar
Upload date and time: 15/01/2020 at 11.15 a.m.
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 10.01.2020
Order signed by P.O. on 10.01.2020
Order uploaded on 15.01.2020
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