M/S. National Auto Agencies Through Proprietor v. Managing Director M/S. L.M.L. Ltd. And ORS.

1 28 WP 4987-15.doc Sequeira

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 4987 OF 2015 M/s.National Auto Agencies.

.. Petitioner Vs.

Managing Director M/s L.M.L. Ltd.Kanpur & ors.

.. Respondents None for the Petitioner.

None for Respondents.

CORAM : N.M.Jamdar, J.

Tuesday, 27 September 2016.

P.C. :

The Petitioner challenges the order dated 23 February 2015 passed by the learned Principal District Judge, Sangli rejecting the application filed by the Petitioner for transfer of Special Civil Suit No.7 of 2010 pending before Civil Judge Senior Division Islampur to some other Court.

2.

None for the Petitioner. The Board is notified in advance. It is available on the Court website. This Court provides various facilities to the advocates and litigants to keep track of the matter. Considering the nature of the challenge, perused the proceedings. The learned Principal District Judge has found that the Petitioner instead of waiting for the next date had sent the written arguments through courier services which is not permissible by law and further

2 28 WP 4987-15.doc observed that in the judicial proceeding, the applicant must file documents in the Court. The learned Principal District Judge also noted that previous applications have been rejected. The apprehension expressed by the Petitioner is held to be unwarranted. It appears that the learned Civil Judge has issued contempt notice and to avoid adjudication an application for transfer has been moved. There was absolutely no merit in the application for transfer, therefore learned Principal District Judge rightly concluded that no transfer is warranted. The matter is within the discretion of the learned Principal District Judge. No interference under Article 227 of the Constitution of India is warranted. Writ Petition is rejected. (N.M.Jamdar, J.)