Final Order 1

Order Details: Other
Pdf Text: 1 TA 292.19
IN THE COURT OF CITY CIVIL COURT FOR GR.BOMBAY
Transfer Application No.292 of 2019
In
Short Cause Suit No.8477 of 1986
(High Court Suit No.2365 of 1986)
P.D.R. Videotronics (India) Pvt. Ltd. ..Applicant/Plaintiff.
V/s.
Maharashtra Film Stage & Cultural
Development Corporation & Anr. ..Respondents/Defendants.
Coram : H.H.THE PRINCIPAL JUDGE
M.W. CHANDWANI
Dated : 06th January, 2020
(C.R.No.19)
None present for applicant.
None present for respondent No.1.
Adv. Martina Sankpal for respondent No.2.
O R A L O R D E R
Read application. Read reply filed by respondent no.2. None
present for respondent no.1. Heard both the sides.
2. By the present application, the applicant seeks transfer of Suit
No.8477 of 1986 from Court No.12 to Court No.29.
3. It is contended that the matter was substantially heard by
Judge Ms.Ponkshe and presently at the stage of final hearing. Thereafter,
the assignment of Ms.Ponkshe came to be changed. To avoid wastage of
time by rearguing the matter before a new Judge, the same needs to be
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2 TA 292.19
transferred to C.R. no.29 which is presided over by Learned Judge
Ms.Ponkshe.
4 The respondent no.2 submitted to pass appropriate order.
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.
6 However, it appears that the matter has been substantially
heard by Judge Ms.Ponkshe and kept for final hearing and again the
assignment of the concerned Judge changed. To save judicial time, it is
desirable that the matter be heard/disposed of by the learned Judge
Ms.Ponkshe who is fully seized with the matter. Therefore, 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.
O R D E R
Transfer Application No.292/19 is allowed.
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3 TA 292.19
Suit No.8477/86 (High Court Suit No.2365/86) stands
transferred to the court presided over by Learned Judge
Ms.Ponkshe.
Concerned courts be informed accordingly.
06/01/2020 (M.W. CHANDWANI)
Sessions Judge,
Gr.Bombay.
Dictated on : 06/01/2020
Transcribed on : 06/01/2020
Signed by H.H.J. on : 10/01/2020
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4 TA 292.19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER
Name of Stenographer: Mrs.Aruna S. Jayade
Upload date and time: 10/01/2020 (5.00 p.m.)
Name of the Judge H.H.THE PRINCIPAL JUDGE
Shri M.W. CHANDWANI(C.R.No.19)
Date of Pronouncement of Order 6th January,2020
Order signed by P.O. on 10th January,2020
Order uploaded on 10th January,2020
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