Meghraj Financial Services (India) Private Limited v. Bemcee Private Limited And ANR

9.mcal.9151.16. civil==.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION (ST.) NO. 9151 OF 2016 Meghraj Finance Services (India) Pvt. Ltd.

.. Applicant Vs.

1. Bemcee Private Limited & Anr.

.. Respondents Mr.Anil D'souza for applicant.

Ms.Soniya Putta /b M/s. Solomon and Co. for respondents. CORAM : K.R.SHRIRAM, J.

DATE : 14TH SEPTEMBER, 2016 P.C.

The reliefs sought in this misc. civil application is to transfer Suit No.8636 of 1993 pending before the Hon'ble City Civil Court, Bombay and to hear the said suit along with suit nos.726 of 1993 and 3669 of 1995 pending in this Court. It is stated in the application that all the suits are filed for specific performance of Agreements dated 31st July 1992 executed by the respondents in respect of four adjoining premises at a building known as Mittal Court, 'B' Wing, Nariman Point, Mumbai 400 021. It is also stated that the suits are substantially between the same parties and the issues that arise in the suits are also the same, so also the evidence to be led by the parties.

The counsel for the respondents has no objection objection. Shraddha Talekar PS 1/2

9.mcal.9151.16. civil==.doc In the circumstances, the application is allowed in terms of prayer clauses (a) and (b) and accordingly disposed. The registry to take steps to call for the record and proceedings from the City Civil Court, Bombay at the earliest and in any event within two weeks from today and the City Civil Court also to send the record and proceedings within one week of receiving note from the registry of this Court.

Notwithstanding the disposal of this application, the applicant to have all office objections removed and get the Civil Application finally numbered within two weeks from today.

(K.R. SHRIRAM, J.) Shraddha Talekar PS 2/2