R.K. Ginning Mill v. M/S. Balu Agencies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.06.2024
CORAM:
THE HONOURABLE Mr.JUSTICE V.LAKSHMINARAYANAN M/s.R.K.Ginning Mill (Represented by its Prop. K.Jegadeeswaran) Sathyamangalam Main Road Akkarai Kodiveri Gobichettipalayam Erode District - 638 454.
... Petitioner Vs M/s.Balu Agencies (Represented by its Prop.Murugesan) Akkur Mukkootu Village Tharangambadi Taluk Mayiladuthurai District - 609 313.
... Respondent Prayer : Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code praying to withdraw and transer the suit bearing O.S.No.271 of 2023 on the file of the Subordinate Court at SeerkaliMayiladuthurai District and tried along with the file of O.S.No.231of 2023 on the file of Subordinate Court at Gobichettipalayam, Erode District. For Petitioner : Mr.K.R.Annamalai 1/5
For Respondent : Mr.J.Janarthanan
ORDER
This Transfer CMP has been filed seeking transfer of O.S.No.271/2023 on the file of Subordinate Court at Seerkali to be tried along with the suit presented by the petitioner in O.S.No.231of 2023 on the file of Subordinate Court at Gobichettipalayam, Erode District.
2. The respondent is a supplier of cotton to the petitioner ginning mill. The respondent presented a suit in O.S.No.271 of 2023 on the file Sub Court, Seerkali for recovery of certain amount towards the goods sold and delivered by him to the petitioner. Summons were issued on the petitioner in the said suit.
3.After having received the summons in the proceeding to contest the suit, the petitioner instead of filing a counter, had instituted a fresh suit in O.S.No.231 of 2023 before the Sub Court, Gobichettipalayam at Erode, claiming an amount of Rs.2,56,158/- along with interest. Not stopping with this tactic, the petitioner has moved this transfer petition to withdraw the prior proceedings (O.S.No.271 of 2023 on the file of Sub Court, Seerkali) to 2/5
be tried along with the latter (O.S.No.231 of 2023 on the file of Sub Court, Gobichettipalayam).
4. I have gone through the two plaints placed before me in the said suits. It is not in dispute that the suit filed by the supplier in O.S.No.271/2023 is earlier in point of time. In fact in the subsequent suit in O.S.231/2023 filed by the petitioner, the factum that the respondent has entered appearance and is contesting the suit has also been disclosed. There should be no conflict of judgements. Both the suits have to be tried together. I am inclined to the transfer, however not in accordance with the prayer of the petitioner.
5. Accordingly, the suit in O.S.No.231 of 2023 now pending on the file of Sub Court, Gobichettipalayam is withdrawn and transferred to the file of Sub Court, Seerkali, to be tried along with O.S.No.271 of 2023, which is now pending before Sub Court, Seerkali.
6. In the result, the transfer CMP is disposed of. No cost. 10.06.2024 Index:Yes/No 3/5
ds To:
1.The Sub Judge Seerkali - Mayiladuthurai District 2.The Sub Judge Gobichettipalayam @ Erode District.
3.The Section Officer VR Section, High Court, Madras.
4/5
V.LAKSHMINARAYANAN,J.
ds 10.06.2024 5/5