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Madras High CourtA/8432/2018allowed

M/S. Greaves Cotton Ltd., v. M/S.Savani Transport Pvt.Ltd.

2021-08-12Honourable Dr Justice G. Jayachandran3 pages

in C.S.(Comm. Div.)No.499 of 2018 DR.G.JAYACHANDRAN, J.

These two applications are filed for transfer of the suit in O.S.No.10 of 2016 on the file of the IV Additional District Court, Ponneri along with the present suit in C.S.No.499 of 2018 and the interim stay of all proceedings in the suit pending at Ponneri till the disposal of the transfer application.

2. The respondent has not filed their counter in spite of granting time, dispite this Court specifically posted the matter today for counter and disposal.

3. The learned counsel appearing for the respondent states that they have no objection in transferring the suit in O.S.No.10 of 2016 pending on the file of the IV Additional District Court, Ponneri and submit that since the cause of action for both the suits are one and the same, to avoid multiplicity of proceedings, the transfer of the suit pending before the IV Additional District Court, Ponneri to be tried along with the present suit is preferable. 1/3

4. Recording the same, the transfer application No.8433 of 2018 is allowed and the application No.8432 of 2018 is closed.

5. The Registry is directed to intimate the IV Additional District Court, Ponneri to transfer the record in O.S.No.10 of 2016 forthwith to be heard along with the suit.

12.08.2021 rpl 2/3

DR.G.JAYACHANDRAN, J.

rpl 12.08.2021 3/3