Gopalpur Ports Ltd v. Sri Avantika Contractors(I) Limited

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION NO.1171 OF 2018 ORDER:

This civil revision petition is filed under Article 227 of the Constitution of India, challenging the docket order dated 19.07.2017 passed on the memo filed in O.S.No.563 2016 by the XI Additional Chief Judge, City Civil Court at Hyderabad negating the relief of transfer of suit from XI Additional Chief Judge, City Civil Court at Hyderabad to Commercial Court as the value of the suit claim is more than Rs.100 crores and the Commercial Court has got jurisdiction to try the same.

On memo, no judicial order can be passed and the order of transferring a case from one Court to another is a judicial order. Hence, liberty is given to the petitioner to file appropriate application before competent Court seeking withdrawal and transfer of the suit.

Accordingly, the revision petition is disposed of giving liberty to the petitioner to file appropriate application before competent Court seeking withdrawal and transfer of the suit. The miscellaneous petitions pending, if any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 22.02.2018 Ksp