1. Petitions seeking transfer of cases from one jurisdiction to another court of competent jurisdiction. (Para 1 )
2025 Supreme(SC) 1462
SUPREME COURT OF INDIA
SUDHANSHU DHULIA AND PRASHANT KUMAR MISHRA, JJ.
Madhumita Bhainsora And Others - Appellant
Versus
Ramesh Dhar - Respondent
Transfer Petition (S) (C) No. 3372 of 2023 with Transfer Petition (Crl.) No. 896 of 2023 with Transfer Petition (C) No. 2423 of 2023 with Transfer Petition (Crl.) No. 862 of 2023
Decided on : 06-01-2025
The Supreme Court dismissed the transfer petitions seeking to move cases from Noida, Uttar Pradesh, to Vashi, Mumbai, Maharashtra, after mediation efforts proved unsuccessful, exercising its discretion to decline the transfer based on the specific facts and circumstances of the case.
Headnote:(A) Transfer of Cases - Jurisdictional Concerns - Transfer Petition filed to move cases from Noida, Uttar Pradesh to Vashi, Maharashtra for competent jurisdiction - Mediation attempted but remained unsuccessful. (Paras 1, 4)
Facts of the case:
Petitioners sought transfer of cases, highlighting concerns regarding the jurisdiction of local courts and potential biases.
Findings of Court:
Due to unsuccessful mediation and evaluation of circumstances, the court determined that the transfer was not warranted.
Issues: Whether transfer to a different jurisdiction was necessary and justified based on parties' safety concerns and prejudice.
Ratio Decidendi: The court emphasized the importance of maintaining the integrity of local jurisdiction and found no compelling reason to override it based on mediation results.
Result: Transfer Petitions are dismissed.
Legal Category Hierarchy
Table of Contents
2. Request for transfer of cases from one court to another court of competent jurisdiction. (Para 1 , 2 )
3. Mediation referred to the Supreme Court Mediation Centre remained unsuccessful. (Para 3 , 4 )
4. Transfer petitions dismissed and all pending applications disposed of. (Para 5 , 6 )
5. Can the failure of mediation influence the court's decision on a transfer petition?
Yes, the court may consider the outcome of mediation, alongside other facts and circumstances of the case, when deciding whether to grant a transfer of cases. (Para 4 , 5 )
ORDER :
1. These petitions have been filed seeking transfer of cases from the courts at Noida, Gautam Budh Nagar, Uttar Pradesh to the court of competent jurisdiction at Vashi, Mumbai, Maharashtra.
2. Heard learned counsel for the parties at length.
3. Vide order dated 21.05.2024, the matters were referred to the Supreme Court Mediation Centre for exploring the possibility of settlement.
4. Mediation Report dated 11.12.2024 indicates that the mediation has remained unsuccessful.
5. Considering the above facts and circumstances of the case, we are not inclined to transfer the cases. The Transfer Petitions are, accordingly, dismissed.
6. All pending applications stand disposed of.