1. Transfer petitions — Request to transfer writ proceedings from High Court to Supreme Court — Pendency of a related Civil Appeal. (Para 2 )
Back
Next 
2017 Supreme(SC) 1308
SUPREME COURT OF INDIA
RANJAN GOGOI, NAVIN SINHA, JJ.
COMMISSIONER OF SERVICE TAX ETC.ETC. – Appellant
VERSUS
M/S. SRI SELVAGANAPATHY AND CO. – Respondents
TRANSFER PETITION (CIVIL) NO(s).1970-1971 of 2017
Decided on : 06-11-2017
Advocates:
Advocate Appeared:
For the Petitioners: Mr. Arijit Prasad, Adv., Ms. B. Sunita Rao, Adv., Mr. Anurag, Adv., Mr. B. Krishna Prasad, AOR
Advocate Appeared:
For the Petitioners: Mr. Arijit Prasad, Adv., Ms. B. Sunita Rao, Adv., Mr. Anurag, Adv., Mr. B. Krishna Prasad, AOR
IMPORTANT POINT
Pendency of Civil Appeal before Supreme Court involving the issue in writ petition before the High Court is no ground for transfer of the writ petition from High Court to Supreme Court.
Headnote:Supreme Court Rules, 2013 – ORDER XXXIX – Transfer of case – Writ petition pending before High Court – Issue in the writ petition before High Court pending before Supreme Court in Civil Appeal – Prayer for transfer of the writ petition from High Court to Supreme Court – Pendency of Civil Appeal before Supreme Court – No ground for transfer – High Court may however be requested to defer proceedings till decision in the Civil Appeal. (Para 3)
Facts of the case:
The present transfer petitions have been filed on the ground that the issue involved in the Writ Petition Nos. 37511 of 2016 and 40701 of 2016 titled as “M/s. Sri Selvaganapathy & Co. vs. The Commissioner of Service Tax (Appeals-I)” in the High Court of Madras is pending before this Court in Civil Appeal No.2013 of 2014.
Finding of the Court:
Pendency of Civil Appeal before Supreme Court involving the issue in writ petition before the High Court is no ground for transfer of the writ petition from High Court to Supreme Court.
Result: Petition dismissed.
Legal Category Hierarchy
Table of Contents
2. Pendency of a related Civil Appeal before the Supreme Court as sufficient grounds for transfer of writ proceedings from the High Court. (Para 2 )
3. Pendency of a related appeal is insufficient for transfer; the High Court may defer proceedings or be notified of the final decision. (Para 3 )
4. Pendency of a related matter in a higher court is not a sufficient ground for transferring proceedings from a lower court. (Para 3 )
5. Transfer petitions dismissed. (Para 4 )
6. Does the pendency of a related appeal in the Supreme Court justify the transfer of writ proceedings from a High Court?
No, the pendency of a related appeal is not a sufficient ground for transfer. The High Court can be requested to defer proceedings in the interim or be notified of the Supreme Court's decision once it is rendered. (Para 3 )
ORDER :
1. We have heard the learned counsels for the parties.
2. The present transfer petitions have been filed on the ground that the issue involved in the Writ Petition Nos. 37511 of 2016 and 40701 of 2016 titled as “M/s. Sri Selvaganapathy & Co. vs. The Commissioner of Service Tax (Appeals-I)” in the High Court of Madras is pending before this Court in Civil Appeal No.2013 of 2014.
3. We do not consider the above to be a sufficient ground for transfer of the writ proceedings from the Madras High Court to this Court inasmuch as once the decision of this Court is rendered in the afore-mentioned Civil Appeal, the same can be brought to the notice of the High Court. In the meantime, the High Court can be requested to defer the proceedings in the writ petitions pending before it.
4. In view of the above, transfer petitions are not entertained and are dismissed accordingly.
