JUDGMENT :

1. This praecipe has been filed requesting this Court not to transfer the commercial summary suit from this Court to the Bombay City Civil Court and using its inherent powers under Section 24 of the Code of Civil Procedure, 1908 (“CPC”) proceed with the final hearing of the captioned suit.

2. Mr. Narichania, learned Senior Counsel appears for the Plaintiff and would firstly submit that the captioned suit is at the stage of final hearing and has already been fully heard once by an earlier bench of this Court before it was made de-part heard. Learned Senior Counsel would submit that pursuant to the notice dated 22nd January, 2024, issued by the office of the Prothonotary and Senior Master of this Court and pursuant to invitation to raise objections relating to the transfer of matters to the Bombay City Civil Court, the Plaintiff has filed praecipe dated 29th and 30th January, 2024, objecting to the transfer of the said suit on the following grounds:-

(i) The claim amount in the captioned Suit is in foreign currency i.e. USD 1,931,627.89. The Hon’ble Supreme Court in Forasol v. ONGC (1984 Supp Supreme Court Cases 263) has settled the law; that when a decree is being passed, th