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MCA/283/2003 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 283 of 2003
In
MISC.CIVIL
APPLICATION - FOR TRANSFER No. 283 of 2003
In
MISC.CIVIL APPLICATION - FOR TRANSFER No. 283 of 2003
=========================================================
RAKESHPRASAD
MAHENDRAPRASAD PANDE - Applicant(s)
Versus
HARJIBHAI
NANJIBHAI BHIMANI & 3 - Opponent(s)
=========================================================
Appearance
:
MR
PRASHANT G DESAI for
Applicant(s) : 1,
MR ASPI M KAPADIA for Opponent(s) : 1,
RULE
SERVED for Opponent(s) : 2,
MR.HEMANG H PARIKH for Opponent(s) :
3,
None for Opponent(s) : 4,
MR HM PARIKH for Opponent(s) :
4.2.1, 4.2.2, 4.2.3, 4.2.4,4.2.5
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 04/04/2011
ORAL
ORDER
1.0 Present
application has been preferred by the applicant to transfer the
Regular Civil Suit No. 17 of 2003 pending in the Court of the learned
Civil Judge (S.D.), Anand, Regular Civil Suit No. 46 of 2003 pending
in the Court of the learned Civil Judge(S.D.), Surat and Regular
Civil Suit No. 41 of 2003 pending in the Court of the learned Civil
Judge(J.D.), at Gadhda to the Court of the learned Civil Judge (S.D.)
at Nadiad or such other court as may be directed by this Court.
2.0 This
application is of the year 2003 and it was adjourned time and again.
When the matter was listed before this Court on 09.03.2011, none
remained present for the applicant. Hence is was adjourned to
28.03.2011. On 28.03.2011, the matter was called on and kept back and
it was adjourned to 04.04.2011. Today learned advocate for the
applicant is present. Mr. Kapadia, learned advocate for the
respondent No. 1 was not present. Mr. Parikh, learned advocate
appearing for respondent No.3 and respondent No. 4/1 to 4/5 is
present but he has shown his inability to appear for the respondent
Nos. 3 and 4/1 to 4/5.
3.0 Heard
learned advocates for the respective parties.
4.0 The
affidavit-in-reply is filed by the respondent No.1 wherein it is
stated if at all the suits are required to be transferred to a Single
Court the same should be transferred either to the Court of Civil
Judge (S.D.) at Anand or to the Court of Civil Judge (S.D.), of
Ahmedabad (Rural) at Navrangpura.
5.0 In
view of the above and in order to avoid multiplicity of proceedings
and conflicting decisions, all matters are required to be tried
having the jurisdiction of Registered Office. Therefore, all the
suits are required to be transferred to Civil Judge (S.D.), Nadiad.
Accordingly, the proceedings of Regular Civil Suit No. 17 of 2003
pending in the Court of the learned Civil Judge (S.D.), Anand,
Regular Civil Suit No. 46 of 2003 pending in the Court of the learned
Civil Judge (S.D.), Surat and Regular Civil Suit No. 41 of 2003
pending in the Court of the learned Civil Judge, J.D., at Gadhda
shall be transferred in the Court of the learned Civil Judge (S.D.)
at Nadiad.
6.0 It
is clarified that the learned Judge who have passed the order in Exh.
5 application in the captioned suits will not hear the suit
proceedings.
7.0 With
the above observation, application stands disposed of. Rule is made
absolute with no order as to costs.
(K.S.JHAVERI,
J.)
niru*
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