Important Point – While considering application under Section 24 of Code of Civil Procedure that convenience of parties cannot be considered by Court.

1. By this Miscellaneous Civil Application, the applicant seeks transfer of Special Civil Suit No.134 of 2011, which is pending in the Court of 3rd Joint Civil Judge, Senior Division, Kolhapur to this Court in exercise of powers under section 24(1)(b)(i) of the Code of Civil Procedure, 1908.

2. The respondent was a Minister of State from 2000 to 2009 and is a sitting member of Legislative Assembly, Maharashtra. Some time in the year 2000, the respondent filed a suit against the appellant in the Court of 3rd Joint Civil Judge, Senior Division, Kolhapur interalia praying for damages to the tune of Rs.1,00,05,000/-. The applicant has already filed his written statement in the said suit. It is the case of the applicant that the said suit filed by the respondent had been listed for about 33 times before the 3rd Joint Civil Judge, Senior Division, Kolhapur when the respondent remained present only on three occasions. The learned trial Judge has also imposed cost on the respondent on account of repeated adjournments sought by the respondent.

3. Learned counsel appearing for the applicant submits that the applicant has been suffering from diabetes for quite some time and is required to take medical treatment regularly. He submits that the applicant is 76 years of old and is retired, whereas the respondent, who is a sitting M.L.A., is aged about 59 years. He submits that in addition to the place of the respondent at Kolhapur, the respondent has his alternate address at Room No.414 & 503, Aakashwani Aamdar Niwas, Near Mantralaya, Mumbai -32. In support of his submission, the applicant is not keeping good health, my attention is invited to the medical report annexed to this Miscellaneous Civil Application and also produced the original of the latest blood report of the applicant to show that he is still suffering from heavy diabetes.

4. Learned counsel for the applicant also invited my attention to an order passed by this Court on 15th September, 2014 in Criminal Application No.444 of 2014, which was filed by the applicant herein against one Dr.Mahesh S. Chandurkar and another under section 407 of the Code of Criminal Procedure inter-alia praying for transfer of the complaint filed by the respondent therein in Sangli Court to the Court at Mumbai. He submits that after considering various similar facts, this Court was pleased to transfer the said criminal proceedings filed by the respondents therein to appropriate Court at Mumbai.

5. It is submitted by learned counsel for the applicant that the applicant had been attending the proceedings at Kolhapur time and again but now it is not possible for him to visit Kolhapur which is about 500 K.M. from Mumbai with such a health condition. He submits that if the proceedings are transferred to Mumbai, the applicant would be in a position to defend the suit filed by the respondent for defamation.

6. Mr.Patwardhan, learned counsel appearing for the respondent on the other hand submits that as far as the accommodation in Aakashwani Aamdar Niwas, Near Mantralaya, Mumbai is concerned, the said accommodation is provided to the respondent in view of he being a member of legislative assembly and is being used by the respondent only when he visits Mumbai for attending the assembly sessions. He submits that his permanent place of residence is at Kolhapur. It is submitted that the respondent has admittedly now filed an affidavit of examination in chief. The matter is ready for cross-examination of his client by the applicant.

7. He submits that the suit is filed by the respondent for damages on the ground of defamation and it would be appropriate if the said suit is tried only at Kolhapur and not in Mumbai. It is submitted that if the suit is transferred to the original side of this Court, several documents relied upon by the respondent which are in Marathi, it would be inconvenient for the Court as well as the parties to place reliance on such documents.

8. Insofar as the order passed by this Court