Amit Kumar Agarwal vs Atul Gupta . on 27 July, 2015
12. Mere suspicion by the party that he will not get justice would not justify transfer. There must be a reasonable apprehension to that effect. There must be a reasonable apprehension to that effect. A judicial order made by a Judge legitimately cannot be made foundation for a transfer of case. Mere presumption of possible apprehension should not and ought not be the basis of transfer of any case from one case to another. It is only in very special circumstances, when such grounds are taken, the Court must find reasons exist to transfer a case, not otherwise. Reference can be made to the judgment(s) passed in the case of Rajkot Cancer Society vs. Municipal Corporation, Rajkot, AIR 1988 Guj 63; Pasupala Fakruddin and Anr. vs. Jamia Masque and Anr., AIR 2003 AP 448; and Nandini Chatterjee vs. Arup Hari Chatterjee, AIR 2001 Cul 26; as also the judgment dated 12.11.2014 passed in Transfer Application (Civil) No. 519 of 2014 (Amit Agarwal vs. Atul Gupta), 2014 SCC OnLine (All) 16200.