M/S Qusapman Traders v. Allbest Offshore Marine India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Transfer Civil Miscellaneous Petition No.366 of 2016 and C.M.P.Nos.9709 & 10454 of 2016 M/s.Ousapman Traders rep. through its Managing Partner, M.Shebagaraj, No.1016/4 A1-Haramain Court View Complex, Kamaraj Nagar, Palayamkottai, Tirunelveli.

... Petitioner/Plaintiff vs 1 ALLBEST OFFSHORE MARINE INDIA PVT LTD OSV GATE 1 SKL COMPLEX KAKKINAD DEEP WATER PORT BEACH ROAD KAKKINAD ANDHRAPRADESH INDIA 533 007 2 ROYAL MERIDIAN IMPEX INDIA PVT LTD NEW NO.47 OLD NO.22 RAMANUJAM ST 2ND FLR VISHESHA HOME T.NGR CHENNAI 600 017 3 THE INSPECTOR OF POLICE R-4 PLICE STATAION NO.68 T HIYAGARAYA RD PONDY BAZAR T.NGR CHENNAI 600 017 4 THE INSPECTOR OF POLICE M-6 POLICE STATION JALAKANDA MARIAMMAN KOIL ST MANALI CHENNAI 600 072 .. Respondents Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw the suit in O.S.No.2819/2016 on the file of the XIIth Asst City Civil Court, Chennai and to transfer the same to any other court of equal jurisdiction for disposal on merits after giving fair hearing to the petitioner.

For Petitioner :Mr.S.Prabakaran for M/s. S.Conscious Ilango For Respondents No.1:Mr.VIjay Anand No.Appearance for R2 to R4

O R D E R

Petitioner has filed this petition seeking transfer of the suit in O.S.No.2819/2016 on the file of the XIIth Asst City Civil Court, Chennai, to any other competent court.

2. Heard learned counsel for petitioner and learned counsel for respondent.

3. Learned counsel for the first respondent has no serious objection in transfer. Even though the respondents 2 to 4 have been served and their names appears in the cause list, the respondents 2 to 4 has not chosen to appear before this Court either in person or through a pleader. Hence, the matter is decided on merits.

4. Considering the submissions made, this Court directs transfer of O.S.No.2819 of 2016 pending on the file of XII Assistant City Civil Court, Chennai, to the file of VII Assistant City Civil Court, Chennai. The transferee Court is directed to dispose of the interlocutory applications presently pending in the O.S.No.2819 of 2016 within a period of two weeks from the date of receipt of a copy of this order. The Transfer Civil Miscellaneous Petition, accordingly, is ordered. No costs.

Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar smi

To 1.The XIIth Asst Judge, City Civil Court, Chennai.

2. The VII Assistant Judge, City Civil Court, Chennai. +1cc to Mr. M. Vijay Anand, Advocate, S.R.No.39470 +1cc to Mr.S. Conscious Ilango U, Advocate, S.R.No.39459 MG(CO) EU(21/07/2016) Transfer Civil Miscellaneous Petition No.366 of 2016