Madhumita Bhainsora vs Ramesh Dhar - 2025 Supreme(SC) 1462

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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

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.

Table of Content
1. transfer of cases to competent jurisdiction (Para 1)
2. counsel heard for parties (Para 2)
3. unsuccessful mediation efforts (Para 3 , 4)
4. dismissal of transfer petitions (Para 5 , 6)

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.

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