ORDER

T.P.(C) NO. 644 OF 2012

1. This transfer petition is filed with the following prayer :-

“(a) transfer suit No. 250 of 2011, titled as “Sanjay Jhunjhunwala Vs. Milap Choraria & Ors.” pending in the court of Hon'ble Mr. Justice I.P. Mukerji of Calcutta High Court along with all the applications and records of earlier Civil Suit No. 244 of 1990 filed by above named respondent No. 1 against the Petitioner, from the original side of the Calcutta High Court to the competent court in Delhi.”

2. The petitioner, who has appeared in-person, submits that in view of his health problems and advanced age, he is not in a position to travel to Kolkata and, therefore, the suit may be transferred to Delhi where he is presently residing. There is also an allegation of threat to the life of the petitioner.

3. The learned counsel for the respondents points out that the petitioner had been prosecuting many cases in Kolkata when he filed this transfer petition in the year 2012 before this Court. It is submitted that the cause of action arose in Kolkata and, therefore, the suit could be tried only in Kolkata.

4. Having heard the petitioner-in-person and the learned counsel appearing for the respondents,