Mehandi Mac Trade Pvt Ltd And ANR v. Sanjeevan Rani And ORS

TA No.261 of 2021 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH TA No.261 of 2021 (O&M) Date of decision: 25.08.2022 Mehandi Mac Trade Pvt. Ltd. and another ....Petitioners

Versus

Sanjeevan Rani and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. P.S. Punia, Advocate for the petitioners.

Mr. Piyush Setia, Advocate for respondent No.1.

ARVIND SINGH SANGWAN J. (Oral) Prayer in this petition is for transfer of the Civil Appeal No.122 dated 20.12.2019 titled as "Mehandi Mac Trade Pvt. Ltd. and others vs Sanjeevan Rani and others", pending in the Family Court, Fazilka to any other competent Court of jurisdiction within the State of Punjab.

The only argument raised by counsel for the petitioners is that since the brother of the respondent/plaintiff is a practicing Advocate and he remained President of the District Bar Association, Fazilka and therefore, no Advocate is accepting the brief on his behalf and the petitioner has to bring an Advocate from Ludhiana on each and every date of hearing.

Counsel for the parties are ad idem that the present appeal be transferred to the court of District & Sessions Judge, Bathinda and a direction may also be issued to the Court concerned where the appeal is to be transferred that it will make all endeavour to decide the appeal MOHD YAKUB 2022.08.26 16:38 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh

TA No.261 of 2021 (O&M) within a period of 03 months.

Accordingly, the present petition is allowed subject to the following conditions:-

1. The Civil Appeal No.122 dated 20.12.2019 titled as "Mehandi Mac Trade Pvt. Ltd. and others vs Sanjeevan Rani and others", pending before the Family Court, Fazilka will be transferred to the competent Court of jurisdiction at Bathinda.

2. The District Judge, Bathinda, will assign the said appeal to the competent Court of jurisdiction.

3. The Additional District Judge, Fazilka is directed to transfer all the record pertaining to the aforesaid case to District Judge, Bathinda.

4. The parties are directed to appear before the trial Court, Bathinda, within a period of 01 month from today.

5. The Court concerned, Bathinda will make all endeavour to decide the appeal within a period of 03 months.

6. The Court concerned, where the litigation pending between the parties, will accommodate them with one date in one calendar month.

Disposed of.

(ARVIND SINGH SANGWAN) JUDGE 25.08.2022 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MOHD YAKUB 2022.08.26 16:38 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh