Smt. Neelaben Madhusudan Bhatt And ORS v. Bank Of Baroda

sat mca 23-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISC.CIVIL APPLICATION NO. 23 OF 2017 Smt.Neelaben Madhusudan Bhatt & Ors.

...Applicant vs.

Bank of Baroda

...Respondent

Ms.S.P. Trivedi with Sajid Shaikh i/b. A. Bharat & Co. for Applicant. Mr.Anant B. Shinde for Respondent.

CORAM : S.C. GUPTE, J.

25 JANUARY 2017 P.C.:

Heard learned Counsel for the parties.

This application seeks directions for consolidation of 10 suits, which are pending in the City Civil Court at Bombay, with 3 suits pending in this court for a joint trial of all 13 suits. Apart from the fact that the original plaintiff and one of the defendants in these suits are common, the cause of action in all these 13 suits is different. In each of the 13 suits, the allegation of the original Plaintiff is that the common defendant in collusion with the other defendants, who are arraigned as parties to the individual suits, defrauded the Plaintiff's bank. Each individual suits has its own set of facts which need to be brought out and debated before the trial court. Hence, there is no merit in the MCA. The same is dismissed. (S.C. GUPTE, J.) 1 / 1