Supreme Court - Daily Orders
Anup Karnik vs Vishal Shah on 13 February, 2024
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No(s). 1257/2023
ANUP KARNIK Petitioner(s)
VERSUS
VISHAL SHAH & ORS. Respondent(s)
O R D E R
1. The instant transfer petition has been filed by the petitioner with a prayer to transfer the Title Suit No. 408 of 2022 titled as “ Mr. Vishal Shah vs. Mahesh Shetty & Ors.” pending before the Court of Sub Judge 1st Rosra, District- Samastipur, Bihar to the Bombay City Civil Court at Dindoshi.
2. In spite of the notices sent to the respondents, initially no one had put in appearance. Subsequently, on 06.11.2023, appearance was made on behalf of the respondent(s) and time was sought to file counter affidavit. Again on 12.01.2024, time of four weeks was granted to file counter affidavit but the counter affidavit has not seen the light of the day yet. Hence, the matter is proceeded ex parte.
3. The case of the petitioner is that a Leave and License Agreement was executed by him in favour of respondent nos. 2 to 5 on 12.02.2019 where a commercial property situated at Vile Parle, Mumbai was given on a license fee of Rs.7 lakhs Signature Not Verified per month with certain conditions.
Digitally signed byNisha Khulbey Date: 2024.02.21 14:12:08 IST Reason:
4. The learned counsel has apprised this Court that on the same day i.e. 12.02.2019 when this agreement was executed, 2 there is another agreement apparently executed in “Samastipur” Bihar between respondent no.1 on the one hand and respondent nos. 2 to 4 on the other wherein, a loan was taken by respondent no.1 (plaintiff in the suit at Samastipur, Bihar) and the present property, on which the respondent nos. 2 to 4 had rights only in the capacity of a licensee was mortgaged to respondent no.1. This again is not even registered.
5. Be that as it may, meanwhile, when the rent stopped coming to the petitioner from July, 2019 onwards, the petitioner terminated the license. As of now another licensee has entered the property consequent to a subsequent agreement executed between the petitioner and the party.
6. Meanwhile, the petitioner receives a summon from Samastipur, Bihar where the petitioner is one of the defendants in a suit where the relief sought in the suit is to declare legal right of the plaintiff on the scheduled property (which is the same property that is the property licensed to the present respondent nos. 2 to 4 which is situated at Vile Parle, Mumbai).
7. Apart from the fact that no cause of action at all arises in Samastipur, Bihar as the learned counsel would argue that there is no evidence that even the agreement was executed in Samastipur, Bihar and the main fact being that the property itself is situated in Mumbai and over and above, the manner in which the said suit was instituted, the date of the execution of the MoU between respondent no.1 and respondent nos. 2 to 4 apparently at Samstipur, Bihar all go 3 on to show that an effort has been made by the respondent(s) to only abuse the process of law.
8. Under these circumstance, in order to meet the ends of justice, this petition is allowed.
9. The petition bearing Title Suit No. 408 of 2022 “Vishal Shah v. Mahesh Shetty & Ors.” is hereby transferred from the Court of Sub Judge 1st Rosra, District-Samastipur, Bihar to the Bombay City Civil Court, Borivali Division at Dindoshi District, Goregaon, Mumbai where it shall proceed in accordance with law after giving due notice to the parties.
10. The present petitioner undertakes to place a copy of the order before the concerned court at Samstipur, Bihar within three weeks from today.
11. Pending application(s), if any, shall stand disposed of.
...................J. (SUDHANSHU DHULIA) ...................J. (PRASANNA BHALACHANDRA VARALE) New Delhi 13th February, 2024 4 ITEM NO.10 COURT NO.17 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 1257/2023 ANUP KARNIK Petitioner(s) VERSUS VISHAL SHAH & ORS. Respondent(s) (IA No. 97683/2023 - STAY APPLICATION) Date : 13-02-2024 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE For Petitioner(s) Ms. Anisha Upadhyay, AOR For Respondent(s) Mr. R. C. Kohli, AOR UPON hearing the counsel the Court made the following O R D E R The petition is allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of (NISHA KHULBEY) (RENU BALA GAMBHIR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (signed order is placed on the file)