Mrs. Hafsa Moosa v. M/S Hasbro Clothing Private Limited

HON'BLE SRI JUSTICE S. RAVI KUMAR TRANSFER C.M.P.No.39 of 2015 ORDER :

This petition is filed to withdraw Arbitration O.P.No.1246 of 2014 from the file of IX Additional Chief Judge (Fast Track Court) , City Civil Court, Hyderabad, and transfer the same to XI Additional Chief Judge (Fast Track Court) , City Civil Court, Hyderabad, to be tried along with Arbitration O.P.Nos.1249 and 1250 of 2014 pending therein.

2. According to the affidavit of petitioner, aggrieved by three arbitration awards three O.Ps. are filed and one O.P. was assigned to IX Additional Chief Judge (Fast Track Court) , City Civil Court, Hyderabad and the other two O.Ps. were assigned to XI Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad and as all the awards are on common facts, all the three O.Ps. have to be decided by one Court to avoid conflicting opinions.

3. Second respondent is Arbitrator and he was shown a s proforma party and no relief is claimed against him even in the main O.Ps. The contesting 1st respondent in spite of service of notice neither appeared in person nor through any advocate.

4. Heard arguments.

5. Considering the reasons stated in the affidavit and also considering the fact that all the three O.Ps. have to

be decided by one Court to avoid conflicting opinions, the request of petitioner for transfer is considered.

6. Accordingly, Arbitration O.P.No.1246 of 2014 is withdrawn from IX Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad and transferred to XI Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, to be tried along with Arbitration O.P.Nos.1249 and 1250 of 2014.

7. With this observation, transfer C.M.P. is ordered. No costs.

8. Miscellaneous Petitions, if any, shall stand dismissed.

__________________ S. RAVI KUMAR, J 24th February 2015.

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