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2005 Supreme(SC) 1500

SUPREME COURT OF INDIA
S.B. SINHAAND P.K. BALASUBRAMANYAN, JJ.
MANAS BHATIACHARYA PETITIONER;
VERSUS
VINAY CEMENTS LTD.RESPONDENT
TRANSFER PETITION (C) NO. 897 OF 2004, DECIDED ON NOVEMBER 18, 2005

Headnote:

Civil Procedure Code, 1908, Section 25 - Transfer of money suit -Nobody appeared on behalf of respondents despite service of notice -Corporate office of respondent was at Kolkata - Looking to this fact money suit pending in the Court of Additional Deputy Commissioner, North Cachar Hills, Haflong (Assam) transferred to City Civil Court Kolkata. [Para 1]

ORDER

1. NOBODY APPEARS ON BEHALF OF THE RESPONDENT DESPITE SERVICE OF NOTICE.

2. HAVING REGARD TO THE FACT THAT THE CORPORATE OFFICE OF THE RESPONDENT IS AT KOLKATA, WE ARE OF THE OPINION THAT INTEREST OF JUSTICE WILL BE SUB SERVED IF MONEY SUIT NO.3 OF 2004, TITLED VINAY CEMENTS LTD. V. MANAS BHATTACHARYA PENDING IN THE COURT OF ADDITIONAL DEPUTY COMMISSIONER, NORTH CACHAR HILLS, HAFLONG (ASSAM) IS TRANSFERRED TO THE CITY CIVIL COURT AT KOLKATA AND WE DO SO. THE TRANSFER PETITION IS ALLOWED.

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