ORDER :

The present Tr.C.M.P. is filed by the petitioner seeking order of this Court to withdraw O.S.No.160 of 2017 on the file of the Court of the learned Principal District Judge, Ongole and transfer the same to the Special Court for Trial of Commercial Disputes, Ibrahimpatnam, Krishna District, to trial along with C.O.S. No.11 of 2021.

2. Brief facts of the case is that the petitioner filed O.S. No.159 of 2017 against the father of the respondent herein, seeking recovery of an amount of Rs.1,74,22,175/-basing on the running account maintained by the respondent herein and his father . The said account was maintained basing on the invoices for supplying Aqua Feed to the respondent and his father as they are having several ponds and doing aqua culture (prawn) jointly. On believing them as credit worthy people, the petitioner supplied large quantity of aqua feed, for which the respondents used to pay part payments through bank from 2013 till 06.04.2015 and thereafter, they did not choose to pay the amounts.

3. Leaned counsel for the petitioner submits that after the adjustment of part payments paid, the respondent herein and his father were liable to pay the remaining balance due of Rs.1,97,58,840/-and the respondent herein agreed to pay an amount of Rs.68,39,170/-out of Rs.1,97,58,840 towards the invoice Nos.8/24, 8/34, 8/40, 8/46, 9/8, 9/11, 9/25, 9/31 and 9/38 and gave acknowledgment letter on 10.10.2015 and also issued cheque bearing No.905742, dated 10.10.2015, for an amount of Rs.68,39,170, drawn on State bank of India, Main Branch, Ongole. On presentation of the said cheque by the petitioner on 12.10.2015, the same was returned with an endorsement that “funds insufficient”, and thereafter the petitioner filed C.C. No.487 of 2015 on the file of the III Additional Judicial First Class Magistrate Court, Ongole, under Section 138 of the Negotiable Instruments Act, 1881, the same is pending for further adjudication.

4. Learned counsel for the petitioner further stated that the petitioner also filed O.S. No.160 of 2017 before the Court of the Principal District Judge, Ongole, seeking recovery of the said cheque amount along with interest totaling to an amount of Rs.92,22,620/-. The father of this respondent agreed to pay an amount of Rs.1,29,19,670/-out of Rs.1,97,58,840/-towards invoice Nos.8/21, 8/27/ 8/36, 8/42, 8/50, 9/10, 9/20, 9/22, 9/26 and 9/35 and accordingly he issued a letter of acknowledgment dated 10.10.2015 and also issued a cheque bearing No.421559, dated 10.10.2015 for an amount of Rs.1,29,19,670/-. On presentation of the said cheque by the petitioner, the same was returned with an endorsement that “funds insufficient”, and being aggrieved by the dishonor of the cheque, C.C. No.488 of 2015 was filed on the file of the III Additional Judicial First Class Magistrate Court, Ongole, and the same is pending.

5. Learned counsel for the petitioner further stated that in suit O.S.No.159 of 2017 issues were framed and trial is yet to commence and at that stage, the Court below transferred it to the file of Special Court for Trial of Commercial Disputes at Ibrahimpatnam, Krishna District, which is renumbered as C.O.S. No.11 of 2021 and the suit O.S. No.160 of 2017 is tried by the Court of the Principal District Court, Prakasam District, at Ongole. As such, there is even possibility of recording of findings may inconsistent with each other and conflicting decrees may be passed by the two different Courts for a same transaction arose between same parties.

6. Learned counsel for the petitioner submits that above said two suits were filed against the respondent and his father, who are separate parties in each suit basing on the same transaction, the petitioner is the common party in both the suits and the defence taken by the respondents in both the suits is common and the documents relied upon by the petitioner and respondents are also common and common evidence was recorded in C.C. No.487/2015 and in C.C. No.488/2015. He further