The convenience of the parties and the nature of the parties involved can be considered in ordering the transfer of cases to a specific jurisdiction.

ORDER :

Ashok Bhan, J.

The petitioner firm is a partnership firm located at Vijayawada, Andhra Pradesh. It has commercial dealings with the respondents. It had issued certain cheques to the respondents which on presentation were returned by the bank with the remark "stop payment". These cheques were issued at Hyderabad and the memorandum of understanding had also been entered into between the parties at Hyderabad. Respondent Company is a multinational company.

2. Five cases bearing CCs Nos. 814 to 818 of 2003 filed by the respondent against the petitioners are pending in the Court of Metropolitan Magistrate at Vijayawada, Andhra Pradesh.

3. Apart from these five cases, the respondent has also filed some other cases against the petitioners being CCs Nos. 7171 and 7263 of 2004 pending before the Chief Judicial Magistrate, Gautam Budh Nagar, U.P., CC No. 345 of 2004 pending before the Judicial Magistrate, First Class, Chandigarh and CCs Nos. 301-08 of 2005 pending before the Additional Munsif Judicial Magistrate, Srinagar, Jammu & Kashmir for which the present transfer petitions have been filed by the petitioners seeking transfer of these cases to Vijayawada, Andhra Pradesh and to be tried together with the five cases, detailed above, which are also pending at Vijayawada.

4. Counsel for the respondents has brought to our notice that the question as to whether the cases pending in the State of Jammu & Kashmir can be ordered to be transferred to any other part of the country has been referred to a Constitution Bench of this Court in TP (C) No. 59 of 2004 and is still pending.

5. Looking to the convenience of the parties and the fact that the respondent Company is a multinational company, we deem it appropriate to transfer CCs Nos. 814 to 818 of 2003 filed by the respondent against the petitioners pending before the Metropolitan Magistrate at Vijayawada, Andhra Pradesh and also to transfer CCs Nos. 7171 and 7263 of 2004 pending before the Chief Judicial Magistrate, Gautam Budh Nagar, U.P. and CC No. 345 of 2004 pending before the Judicial Magistrate, First Class, Chandigarh to the District Judge, Hyderabad, Andhra Pradesh. Ordered accordingly.

6. So far as CCs Nos. 301-08 of 2005 pending before the Additional Munsif Judicial Magistrate, Srinagar, Jammu & Kashmir are concerned, interim order dated 6-5-2005 will remain in force till disposal of TP (C) No. 59 of 2004 by a Constitution Bench.

7. The District Judge, Vijayawada, Andhra Pradesh; District Judge, Gautam Budh Nagar, U.P. and District Judge, Chandigarh are directed to transmit the entire record related to the abovesaid cases forthwith to the District Judge, Hyderabad who on receipt of the same may assign them to one court of competent jurisdiction so that they may be tried analogously.

8. The transfer petitions are disposed of in the above terms.