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Bombay High CourtFA/251/1989transfer to other court

M.S.E.B. v. Sudhakar Ramchandra Gundewar.

2025-06-30Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 8fa251.1989..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

FIRST APPEAL NO. 251 OF 1989 (Mah. State Electricity Board, office at Prakashgad, East Bandra, Bombay Vs. Sudhakar s/o Damodhar Gundawar) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.V. Purohit, Advocate for appellant.

CORAM : ABHAY J. MANTRI, J.

DATED : 30-06-2025 Heard.

Mr. S.V. Purohit, learned counsel, appears for the appellant and submits that the appellant has received the notice; hence, he appears on behalf of the appellant.

2.

As per the order dated 23.06.2025, the Registry has verified the matter and submitted that it has been reconstructed. The report indicates that the valuation of the suit is Rs. 78,450, which falls below the pecuniary jurisdiction of this Court; therefore, it is urged that the matter be transferred to a competent court.

3.

On perusal of the record, it appears that the plaintiff, MSEB, had filed the suit for recovery of the amount of Rs. 78,450.71/-. Against the judgment and order dated 31.12.1987 passed by the learned Civil Judge Senior Division, Chandrapur, an appeal was filed before this Court. In the meantime, the pecuniary jurisdiction of this Court has been enhanced; hence, in my view, the matter needs to be transferred to the competent Court, whom have jurisdiction to deal with the appeal.

2 8fa251.1989..odt 4.

In view of the same, the registry is to take the necessary steps to transfer the matter to the concerned District Court, Chandrapur, as submitted in the farad sheet dated 09.06.2025, along with the appeal memo, annexures, original record and proceedings of the learned Trial Court.

(ABHAY J. MANTRI, J.) Belkhede