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1989 Supreme(Mad) 635

ABDUL HADI
M. H. Sheik Dastagiri – Appellant
Versus
K. K. 98 Mettur Dam Fisherman Co-Operative Marketing Society Limited – Respondent


ORDER

Abdul Hadi, J.

1. Tr.C.M.P. No. 16416 of 1989 is for transferring I.A.No. 519 of 1989 is un-numbered STC of 1989 on the file of the Co-operative Tribunal, Salem to the Co-operative Tribunal at Madras.

2. First of all, without seeking transfer of main proceeding, transfer of an interlocutory application therein alone cannot be sought for. Vide Kondayya v. Official Receiver, Nellore (1951)1 M.L.J. 97. In the said decision it has been observed that it is open to question whether an interim application alone can be transferred without transferring the main proceeding.

3. That apart, the said interlocutory application is only for excusing the delay of 236 days in filing the above said appeal, viz., the un-numbered STC of 1989. The ground alleged for transfer is that the petitioner is suffering from blood pressure and he is permanently staying at Madras due to his sickness and that he could not go to Salem for attending to the above said interlocutory application at Salem. But, for the said interlocutory application, there is no necessity for him to go to Salem. The said interlocutory application will be normally disposed of only on the affidavit of the petitioner explaining the delay,

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