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SUPREME COURT OF INDIA
ABHAY S. OKA, J.
M/s. Himalaya Distilleries Limited - Petitioner
Versus
Urmila Pradhan & Ors. - Respondents
Miscellaneous Application No. 221 of 2022 in T.P.(C) No. 2498 of 2019
Decided On : 25-02-2022
Transfer Petition - Jurisdiction - The court modified its previous order to transfer the suit to the Court of Senior Civil Judge at Siliguri, State of West Bengal due to the unavailability of a District Judge at Siliguri.
Fact of the Case:
The Transfer Petition was disposed of by directing the transfer of the title suit to the District Court at Siliguri, West Bengal. However, there was no District Judge at Siliguri, and the suit could not be transferred as per the previous order.
Finding of the Court:
The court modified its previous order and directed the transfer of the suit to the Court of Senior Civil Judge at Siliguri, State of West Bengal, based on the report submitted by the learned District Judge and the agreement of the learned senior counsel for the parties.
Issues: The issue revolved around the transfer of the suit subject matter to the appropriate court due to the unavailability of a District Judge at Siliguri, West Bengal.
Ratio Decidendi: The court's decision was influenced by the unavailability of a District Judge at Siliguri and the agreement of the parties' senior counsel, leading to the modification of the previous order to transfer the suit to the Court of Senior Civil Judge at Siliguri, State of West Bengal.
Final Decision: The suit shall be transferred to the Court of Senior Civil Judge at Siliguri, State of West Bengal.
ORDER :
1. On 1st October, 2021, the present Transfer Petition was disposed of by directing that the title suit subject matter of this petition shall be transferred to the District Court at Siliguri, West Bengal.
2. There is a report submitted to this Court by the learned District Judge, Special Division-I, Sikkim stating that there is no District Judge at Siliguri and therefore, effect could not be given to the order of this Court dated 1st October, 2021.
3. The learned senior counsel appearing for the parties agree that there is a Court of Senior Civil Judge at Siliguri in West Bengal where the suit subject matter of this petition can be tried.
4. Accordingly, the order dated 1st October, 2021 is modified. It is directed that the suit shall be transferred to the Court of Senior Civil Judge at Siliguri, State of West Bengal.
5. With the above discussion, the misc. application is disposed of.
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