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M. R. SHAH, KRISHNA MURARI
Anupam Ghosh – Appellant
Versus
Faiz Mohammed – Respondent
ORDER
1. We have heard Shri Sidharth Luthra, learned Senior Advocate, appearing on behalf of the Petitioners and Shri Dushyant Dave, learned Senior Advocate, appearing on behalf of the contesting respondents.
2. The present Transfer Petitions have been filed under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of (i) Execution Petition No. 34 of 2021 titled as "M/s Anondita Healthcare & Anr. vs. Faiz Mohammed & Ors.", (ii) Civil Application No. 15 of 2021 titled as "Swear Health Care Private Limited & Anr. vs. M/s Anondita Healthcare & Ors.", (iii) Civil Application No. 16 of 2021 titled as "Swear Health Care Private Limited & Anr. vs. M/s Anondita Healthcare & Ors." and (iv) Application No. 18 of 2021 titled as "M/s Anondita Healthcare & Anr. vs. Swear Health Care Private Limited & Ors.", all pending before the learned District and Session Judge, Dhaulpur (Rajasthan) to the Court of learned District and Sessions Judge, Noida.
3. One of the grounds on which the proceedings are sought to be transferred is that the petitioners believe that they are not getting a fair trial and the respondents being local bigwigs are able to influence the local Court. We deprecate such
Allegations of unfair trial and local influence must be substantiated, and proper legal remedies should be pursued for challenging adverse judicial orders and false criminal FIRs.
Transfer of suit – Mere apprehension of adverse order cannot be a ground for transfer – Eventuality of transfer of suit on account of amendments based solely on merits is different from seeking trans....
A transfer of a case should be granted only on strong reasons, and mere presumption or possible apprehension are not sufficient grounds for transfer.
A transfer of a criminal case is an extraordinary power exercised only upon proof of a real, reasonable apprehension of bias supported by tangible material, as mere claims of familial or professional....
The main legal point established in the judgment is the need to balance the motive and underlying object of seeking transfer, the lack of substantial evidence supporting allegations of bias and preju....
Mere apprehension of bias or prejudice is not sufficient to justify transfer of a case. There must be a reasonable apprehension based on concrete evidence or circumstances.
The court reaffirmed that mere inconvenience is insufficient for transferring a case; bias or denial of justice must be established.
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