Tata Motors Limited v. Praman Motors Limited And ORS

RNG 1/2 7-mca.200.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO.200 OF 2018 Tata Motors Limited ..... Applicant vs Praman Motors Limited & ors ..

...

Respondents Mr.Avinash Joshi I.b M/s Mulla & Mulla Craigie Blunt & Caroe for Applicant None for Respondents.

CORAM : A.M.DHAVALE, J DATE : 5TH OCTOBER, 2018 P.C Learned advocate for the applicant submits that arbitration award is already passed against respondent nos.1 to 3 and they are not material party to the suit. Respondent nos.4 and 5 are served. Respondent no.5 has appeared, but today nobody is present. Copy of the plaint shows that the suit was valued at Rs.5,82,00,000/-.

2.

Considering the jurisdiction of the City Civil Court up to Rs.1 crore, the suit should not have been transferred from this Court to the City Civil Court.

RNG 2/2 7-mca.200.18 3.

Hence, the order of transfer of Suit No.589 of 2004 from this Court to the City Civil Court is recalled and the Suit is withdrawn (Plaint No.6384 of 2004) from the file of City Civil Court for conducting the Suit by this Court.

4.

The Registrar, City Civil Court to transmit the records at the earliest.

5.

Parties to remain present on the Original side on 22.10.2018.

6.

The Registrar (Judicial-1) to take a note of this order accordingly..

{A.M.DHAVALE, J}