Smt. Gayatridevi Bhajanlal Kedia Thr. Coa.Smt. Sangeeta R. Mittal v. Smt. Laxmidevi Jagmohan Bagarka

5- MCA 148of 2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION No. 148 OF 2019 WITH CIVIL APPLICATION No. 198 OF 2019 IN MISC. CIVIL APPLICATION No. 148 OF 2019 Smt. Gayatridevi Bhajanlal Kedia through COA. Smt. Sangeeta R. Mittal ...Applicant Vs.

Smt. Laxmidevi Jagmohan Bagarka

...Respondent

Ms. Sangeeta R. Mittal, C.A. of Applicant in person Mr. S.S. Rai for Respondent

CORAM:

K.K. TATED, J.

DATED :

JUNE 11, 2019 P.C. :

1.

Heard Smt. Sangeeta R. Mittal, Constituted Attorney of Applicant/Original Defendant.

2.

Learned Counsel Mr. S.S. Rai for Respondent.

3.

Learned counsel for Respondent submits that he undertakes to file Vakalatnama on or before 18th June, 2019 and inform other side to that effect.

4.

By this Misc. Civil Application, the Applicant is seeking transfer of Suit No. 230/584 of 1995 pending in the Court of Small Causes, Court Room No.33, 7th Floor, Bandra (E), Mumbai to any other judge of the same Court.

5.

Bare reading of the application, it reveals that, during the course Tikam 1/2

5- MCA 148of 2019.doc of argument in the trial court, the trial court directed the Applicant to argue the matter properly and don't delay. Therefore, she filed application under section 24 of the Civil Procedure Code, 1908. This cannot be a ground for entertaining the Misc. Application filed by the Applicant.

5.

Hence, application stands rejected.

6.

Trial Court is directed to hear the Suit No. 230/584 of 1995 as early as possible.

7.

No order as to costs.

(K. K. TATED, J.) Tikam 2/2