The State O Maharashtra Thr. Its Principal Secretary And ORS v. Dr. Smt. Shubhangi Nitin Ambedkar

jdk 1 9.ch.mca.160.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC. CIVIL APPLICATION NO. 160 OF 2017 IN WRIT PETITION NO. 4352 OF 2015 (NAGPUR BENCH) The State of Maharashtra & Ors.

.. Applicants Vs.

Dr. Smt. Shubhangi Nitin Ambedkar .. Respondent ....

Mr. N.C.Walimbe A.G.P. for the Applicants None for the Respondent ....

CORAM : SMT.V.K.TAHILRAMANI ACTING C.J.

DATED : APRIL 13, 2018 IN CHAMBER AT 2.35 P.M.

P.C.:

Heard the learned A.G.P. for the applicants.

In this application preferred by the State of Maharashtra and others, it is prayed that Writ Petition No. 4352 of 2015 which is pending before the Nagpur Bench of the High Court be transferred to the Principal Seat i.e. High Court of Judicature at Bombay and the writ petition be heard along with

jdk 2 9.ch.mca.160.17.doc writ petition No. 1574 of 2015 along with connected matters which are pending before the Principal Seat at Bombay. The learned A.G.P. stated that the issue involved in Writ Petition No. 1574 of 2015 and connected matters which are pending at the Principal Seat at Bombay, is similar to the issue involved in Writ Petition No. 4352 of 2015 which is pending before the Nagpur Bench of the High Court, hence, in the interest of justice and in order to avoid confusion, the said writ petition be transferred to the Principal Seat at Bombay. The office of Government Pleader at Nagpur represents the Government in the matters which are pending before that Bench.

Likewise the office of the Government Pleader at the Principal Seat at Bombay represents the Government in matters before the Principal Seat, hence, there would be no difficulty if the writ petition No. 1574 of 2015 and connected matters which are pending before the Principal Seat at Bombay are heard at the Principal Seat at Bombay and the writ petition which is pending at Nagpur Bench is heard at Nagpur.

jdk 3 9.ch.mca.160.17.doc matter in the High Court Bench at Nagpur, will be put to great difficulty if the said matter is transferred to the Principal Seat at Bombay, as the party would have to incur additional expenses for lawyer's fees, travel etc. from his own pocket which would not be fair to the litigant. Moreover, there would be no confusion if the Principal Seat at Bombay decides the matters first which are pending before it as the said decision can be followed in the matter which are pending at the Bench at Nagpur and if the matter which is pending at Nagpur Bench is disposed of earlier, the said decision would be intimated immediately by the learned A.G.P. at Nagpur to its counterpart in Mumbai who in turn will inform this Court and the matter can be disposed of in the light of the said decision. In this view of the matter, I do not think that this is a fit case to grant the prayer for transfer of the matter, hence, application is rejected. ACTING CHIEF JUSTICE kandarkar