Sanjay Chowdhury v. Axis Bank Limited And ANR.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRR/26/2022 Shri Sanjay Chowdhury ...Petitioner Vs.

Axis Bank Limited and Anr. ... Respondents Mr. Rakesh Kumar ... for the Petitioner Ms. A.S. Zinu ...for the Respondents January 16, 2024 [M.A.Mobin] Item No.23 The subject matter of challenge in the present Revisional application relates to a complaint case being CS/69131/21 which is pending before the learned Metropolitan Magistrate, 13th Court, Calcutta.

Learned Advocate appearing for the petitioner has prayed for transfer of the said proceedings from the Court of the learned Metropolitan Magistrate, 13th Court, Calcutta to the learned Chief Judicial Magistrate, Port Blair.

As the jurisdiction of such transfer would arise before the Court having jurisdiction over the learned Metropolitan Magistrate, 13th Court, Calcutta the Circuit Bench of the High Court of Calcutta at Port Blair will not have any jurisdiction to determine on the issue of transfer. As such, CRR No.26 of 2022 is not maintainable and is consequently dismissed.

Petitioner would be at liberty to approach the Principle Bench at Calcutta having jurisdiction over the learned Metropolitan

Magistrate, 13th Court, Calcutta. The interim order granted in connection with the present Revisional application is hereby vacated.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

[Tirthankar Ghosh, J.]