Sushil Lalwani v. Marg Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-10-2025
CORAM
THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No. 3552 of 2025 and CMP No.19153 of 2025
1. Sushil Lalwani S/o. Prakash Lalwani, No.Flat 1201, 12th Floor, 2nd Tower, Vimalachal Apartments, No.1088, Poonamallee High Road, Vepery, Chennai 84. (having office at 23, EVR Salai (P.H. Road) Periamet, Chennai 3.
2. Revanza Leasing India Pvt Ltd., Rep.by its Director Siddarth Rameshkumar, having office at Svalar Square, III Floor, No.15, North Phase Development Phase, Guindy Industrial Estate, Ekkaduthangal, Chennai 032.
3. M/s Diya Office India Pvt Ltd.,
4. M/s Ridhi Office India Pvt Ltd.,
5. M/s Mishri Business Solutions Pvt Ltd.,
6. M/s Nirmala Business Solutions Pvt Ltd.,
7. M/s Revanza Kings Vadapalani Pvt Ltd.,
8. M/s Aarthi Office Solutions Pvt Ltd.,
9. M/s Dhruv Office Solutions Pvt Ltd.,
10. M/s Susil Infra Developers Pvt Ltd., respondents 2 to 10 are Rep.by its Director. Siddarth Ramesh Kumar, having office at 23, EVR Salai, (P.H. Road) Periamet, Chennai 3.
Petitioner(s) Vs
1. Marg Limited Rep by its Authorised Signatory Chief Financial Officer, R.B. Srinivasan, S/o. Late. Balasubramanian, having office at No.57/2B, Sri Sai Subhodaya Apartments, East Coast Road, Thrivanmiyur, Chennai 041.
Respondent(s) PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to strike off the Transfer OP No.86 of 2025 on the file of learned Principal District and Sessions Judge, Chengalpattu.
For Petitioner(s):
Mr. R.Sivaraman For Respondent(s):
Mr.K.Jagannathan
ORDER
This Civil Revision Petition is filed seeking to strike off the Transfer Original Petition 86 of 2025 filed by the respondents, seeking transfer of O.S.No.40 of 2025 pending on the file of the District Munsif cum Judicial Magistrate, Sholinganallur to the file of the District Mahila Court, Chengalpattu
for joint Trial along with O.S.No.407 of 2024, pending on the file of District Mahila Court, Chengalpattu.
2. The learned counsel for the petitioners vehemently contends that O.S.No.407 of 2024, which was filed by the respondents seeking mandatory injunction was already rejected by virtue of the order passed by this court in CRP No.1419 of 2025 dated 28.07.2025. It is further stated by him that the transfer was sought for only on the ground that the suit properties in both the suits are one and the same and the issues involved are also identical and that in the event of trial being conducted in different courts, there is a likelihood of conflicting verdicts. By virtue of rejection of plaint in O.S.No.407 of 2024, the ground urged by the respondent, seeking transfer of O.P. has to be struck off from the file of the Principal District and Sessions Judge, Chengalpattu.
3. The learned counsel for the respondent would submit that as against the order passed by this court in CRP No.1419/2025, dated 28.07.2025, rejecting the plaint in O.S.No.407 of 2024, the respondent filed SLP No.25132 of 2025 and the matter is posted for final disposal on 25.11.2025. He would further submit that in case of restoration of the said suit, the respondent is entitled to proceed with the transfer OP.
4. A perusal of the adjudication sheet of Transfer Original Petition would indicate that the matter is posted for filing of counter by the petitioners, who were arrayed as respondents in the original petition on 05.12.2025. It is always open to the petitioners to appear before the concerned court and oppose the transfer original petition, on the ground that the grounds raised in the transfer OP are no longer available, in view of the rejection of the plaint in O.S.No.407 of 2024. When the petitioners are having effective remedy before the concerned court, this court is not inclined to exercise its supervisory power under Article 227 of Constitution of India and as a consequence, this civil revision petition is liable to be dismissed.
5. Accordingly, this civil revision petition is dismissed. There shall be no order as to costs. Connected miscellaneous petition is closed. 30-10-2025 Internet: yes Index: Yes/No MST To The Principal District and Sessions Judge, Chengalpattu.
S.SOUNTHAR J.
MST 30-10-2025