Mukeshbhai Ravjibhai Raiyani, v. Town Developers, A Partnership Firm,

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.09.19 21:04:38 +0530 KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 169 OF 2025 Mukeshbhai Ravjibhai Raiyani & Ors...... Applicants

VERSUS

Town Developers & Ors.

..... Respondents Mr.Vishal Kanade i/b. Mr.Sandeep Waghmare for the Applicants. Mr.Pankaj Thatte a/w. Mr.Amit Sharma, Ms.Renu More for the Respondents.

CORAM : RAJESH S. PATIL, J.

DATE : 15 SEPTEMBER, 2025 P.C. :- 1) The claimants herein are the plaintiffs in Commercial Suit No. 849 of 2024 (Original Commercial Suit No. 1038 of 2019 in High Court) when the claimant's suit was pending in the Bombay High Court the respondent filed their counter claim being Counter Claim (L) No. 165 of 2019.

2) Subsequently, due to change in the monetary jurisdiction of the City Civil Court in the year 2023, as the pecuniary jurisdiction of the City Civil Court went up which is the cross suit filed by the applicant was transferred to the City Civil Court at Mazgaon, Mumbai

2/3 in its Commercial Division. However, as the counter claim was valued at approximately more than Rs.30 crores, the same retained its position in the Bombay High Court. Hence, the present Miscellaneous Civil Application has been filed by the plaintiff for transferring the commercial suit filed by them now pending before the City Civil Court at Mumbai to the High Court, Mumbai (Commercial Division). 3) On behalf of the respondent, a reply has been filed opposing transfer of the proceedings from the City Civil Court to the Bombay High Court.

4) I have heard learned Advocates for both the sides and I have gone through the submissions made in the Miscellaneous Civil Application and the reply filed by the respondent. 5) Section 24 of the Code of Civil Procedure permits the transfer of the proceedings from the Court lower to this Court taking into consideration the convenience of the parties. If the suit and the counter claim are heard by two different Courts, there is likelihood that two different conflicting judgments being passed. The issue is common in the suit and the counter claim, so there will be loss of time and money for both the parties if suit and counter claim are heard separately. Considering this, I am of the view that the present

3/3 Miscellaneous Civil Application deserves to be allowed. 6) Miscellaneous Civil Application is allowed in terms of prayer clause (a) which reads as under :- (a) that this Hon'ble Court be pleased to transfer Comm. Suit No.849 of 2024 pending before Ld. Bombay City Civil Court, Mazgaon, Mumbai may kindly be transferred to Hon'ble Bombay High Court in its Commercial Division, Mumbai. 7) Once the commercial suit pending before the City Civil Court, Mazgaon, Mumbai is transferred to the Bombay High Court, the same be tagged alongwith Counter Claim (L) No. 165 of 2019 pending in the High Court in its Commercial Division, Mumbai and the hearing of both the suits and counter claim is expedited. [RAJESH S. PATIL, J.]