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Madras High CourtTR CMP/1313/2022allowed

J. Velarasan v. M/S. Petronash Engineering Services Pvt Ltd

2023-01-25Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and C.M.P.No.22230 of 2022 J.Velarasan ..

Petitioner vs

1. M/s. Petronash Engineering Services Pvt. Ltd. Rep. By its Manager - Facilities and Authorised Signatory M.Ganesh F(46-47), Bible College Road 8th Main Road, 3rd Cross SIPCOT Industrial Park, Irungattukottai Sriperumbudur - 602 105.

2. The Managing Director Pangulf Technologies Pvt. Ltd.

RatthaTek Towers, Thoraipakkam Chennai - 96.

..

Respondents Prayer: Transfer CMP is filed under Section 24 of the Civil Procedure Code, to withdraw the O.S.No.201 of 2019 filed by the first respondent on the file of the Principal Sub Ordinate Court, Kancheepuram and transfer the same to the Hon'ble XXII Assistant City Civil Court, Chennai. For Petitioner :

Ms.M.Deepthadevi For Respondents :

Mr.L.Munisamy for respondent 1 No Appearance for respondent 2

ORDER

The transfer petition is filed to withdraw the O.S.No.201 of 2019, filed by the first respondent, on the file of the Principal Sub Ordinate Court, Kancheepuram and transfer the same to the XXII Assistant City Civil Court, Chennai.

2. The petitioner was a employee in the first respondent Company and instituted a suit in O.S.No.7762 of 2021 for the relief to pay salary, which is now pending on the file of the XXII Assistant City Civil Court, Chennai. The first respondent / employer filed O.S.No.201 of 2019 on the file of the Principal Sub Ordinate Court, Kancheepuram.

3. Learned counsel for the petitioner states that both the suits are filed in common with the employment of the petitioner and thus to be transferred.

4. Learned counsel appearing for the first respondent would submit that he has no objection for the transfer of the case.

5. Considering the facts and circumstances, the O.S.No.201 of 2019,

filed by the first respondent, on the file of the Principal Sub Ordinate Court, Kancheepuram stands transferred to the XXII Assistant City Civil Court, Chennai to be tried along with O.S.No.7762 of 2021.

6. The Principal Sub Ordinate Court, Kancheepuram is directed to transmit the case papers within a period of two weeks from the date of receipt of a copy of this order.

7. With these directions, this transfer petition stands allowed. Consequently, the connected miscellaneous petition is closed. There will be no order as to costs.

Index : Yes / No 25.01.2023 Speaking order / Non-speaking order drm To

1. The Principal Sub Ordinate Court, Kancheepuram.

2. The XXII Assistant City Civil Court, Chennai.

S.M.SUBRAMANIAM, J.

(drm) and C.M.P.No.22230 of 2022 25.01.2023