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Bombay High CourtNMS/989/2014absolute

Raymond Limited v. Dhanasingh Textiles Private Ltd

2019-02-05Hon'Ble Shri Justice B.P. Colabawalla2 pages

22.nms.989.2014.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

NOTICE OF MOTION NO. 989 OF 2014 IN SUIT NO. 542 OF 2014 Raymond Ltd.

...Applicant/Plaintiff.

vs Dhanasingh Textiles Pvt. Ltd.

...Defendant.

.....

Ms Shivani Khanna I/b FZB & Associates for the Applicant/Plaintiff. Mr Sanjeev R. Bhalekar for the Defendant.

.....

CORAM : B.P.COLABAWALLA, J.

FEBRUARY 05, 2019.

P.C. :

This Notice of Motion has been filed by the Applicant - Plaintiff seeking a direction that the record and proceedings relating to Short Causes Suit No. 4517 of 2013 filed by the Defendant herein against the Plaintiff and pending in the Hon'ble City Civil Court, be transferred to this Hon'ble Court and thereafter be heard and disposed of along with the present suit.

It is not in dispute that the issues involved in both the suits are more or less same. Learned advocate appearing on behalf of the Defendant has fairly stated that it would be in the interest of both the parties if Short Causes Suit No. 4517 of 2013 is withdrawn from the City Civil Court and brought to this Court for trial and heard along Pg 1 of 2

22.nms.989.2014.doc with the present suit.

In these circumstances and considering the provisions of Section 24 of the Code of Civil Procedure, 1908 this Notice of Motion is allowed in terms of prayer clause (a) which reads thus - "(a) that this Hon'ble Court be pleased to pass directions that the records and proceedings relating to S.C. Suit No. 4517 of 2013filed by the Defendants herein against the Applicants/ Plaintiffs herein in the Hon'ble Bombay City Civil Court be transferred from the Hon'ble Bombay City Civil Court to this Hon'ble Court to be heard and disposed off along with present suit."

The Notice of Motion is disposed of in the aforesaid terms. No order as to costs.

(B.P.COLABAWALLA, J.) Pg 2 of 2