Shri Ratankumar S/O Sanmukhappa Indure v. 1)M/S Rajmudra Prakashan Pvt.Ltd.Company Thr.Director Shri Chetan S/O Gajmal Raut And Another

1 M.C.A. 8.2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 MISC.CIVIL APPLICATION NO. 8 OF 2016 RATANKUMAR S/O SANMUKHAPPA INDURE

VERSUS

M/S RAJMUDRA PRAKASHAN PVT.LTD.

COMPANY THR.DIRECTOR SHRI CHETAN S/O GAJMAL RAUT .....

Mr. A.S.Shelke, Advocate for Applicant.

Mr. U.A.Bhadgaonkar, Advocate for Respondent. .....

CORAM : T.V.NALAWADE, J.

DATE : 28th JULY, 2016 ORAL ORDER :- .

The application is filed for transfer of 2 civil Suits to see that both the Suits are brought to one and the same Court.

2.

The application filed in the District Court, Aurangabad for the same relief is rejected by the District Court by holding that the transactions mentioned are different and the causes of action are also different.

2 M.C.A. 8.2016.odt 3.

Learned counsel for the applicant submitted that in both the Suits, same account record is being considered and one Accountant, who prepared the account is examined as witness in both Suits and so it is desirable that both Suits are decided by the same Judge. This submission is not acceptable. The facts and circumstances of the cases are different. When there are different causes of action, they need to be decided separately and the finding given in one matter can be differed from the finding of another matter. 4.

In view of the above, the application stands rejected.

[T.V.NALAWADE, J.] KNP/M.C.A. 8.2016.odt