Technotrade Impex India Private ... vs The State Of Maharashtra Thr. Principal ... on 1 September, 2021

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Bombay High Court

Technotrade Impex India Private ... vs The State Of Maharashtra Thr. Principal ... on 1 September, 2021

Bench: Nitin W. Sambre

                  Digitally signed by
      IRESH       IRESH
                  SIDDHARAM
      SIDDHARAM   MASHAL
      MASHAL      Date: 2021.09.04
                  14:08:46 +0530




                                                                         30.367.19 mca.doc

ISM
                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                               CIVIL APPELLATE JURISDICTION

                                          MISC. CIVIL APPLICATION NO. 367 OF 2019

                  TECHNOTRADE IMPEX INDIA PRIVATE                        ....APPLICANT
                  LIMITED

                                   V/s.

                  THE STATE OF MAHARASHTRA                                      .....RESPONDENT
                  THR. PRINCIPAL SECRETARY,
                  HOME DEPARTMENT

                  Mr. Ajay Basutkar for the applicant
                  Mr. A. R. Patil AGP for the State

                                               CORAM : NITIN W. SAMBRE, J.

                                               DATE:     SEPTEMBER 1, 2021.

                  P.C.:

                  1]               This application is moved by plaintiff in Suit No. 2873 of 2012

seeking transfer of said suit, pending on the file of Bombay City Civil Court to this Court to be heard with Commercial Suit No. 277 of 2017.

2] Subject matter of Suit No. 518 of 2012 is concerned, supply and delivery of 82 Bomb Suits and cost of Rs. 4,04,510/- incurred in 1/3 30.367.19 mca.doc maintaining said Bomb Suits. Due to change in pecuniary jurisdiction, said suit came to be transferred to Bombay City Civil Court and renumbered as Suit No. 2873 of 2012. 3] Respondent State initiated Commercial Suit No. 277/2017 before this Court for recovery of Rs. 14,74,96,237/- for non delivery of these very 82 Bomb Suits.

4] In both the above referred suits, parties are same. The cause of action i.e. bundle of facts narrated are also similar. The claims are based on same transaction i.e. supply of bomb suits and recovery of the amount.

5] In the aforesaid background, nature of evidence in the backdrop of pleadings will be required to be appreciated so as to adjudicate the rival claims in the suit. In case if two different Courts like in this case independently deals with it, there is every likelihood of conflicting findings being recorded on the similar issues by two Courts. Rather the consolidation and transfer of the 2/3 30.367.19 mca.doc suit recording of findings on similar issue will result in avoiding multiplicity of litigation.

6] In the aforesaid background, case for consideration under Section 24 of Code of Civil Procedure, 1908 is made out. Application stands allowed in terms of prayer clause (a) which reads thus:

"(a) That this Hon'ble Court be pleased to in exercise of its power under Section 24 of the Civil Procedure Code, 1908 read along with Section 151 of the Civil Procedure Code, 1908 transfer Suit No. 2873 pending before Court Room No. 12 of the Hon'ble Bombay City Civil Court, Mumbai to be heard by this Hon'ble Court and the same to be tagged along with Commercial Suit No. 277 of 2017 since both these suits arises from a similar set of facts and Circumstances".

[NITIN W. SAMBRE, J.] 3/3

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