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RITU TAGORE
Naresh Kumar – Appellant
Versus
Vikram Electric Equipment (Pvt) Limited – Respondent
JUDGMENT
Mrs. Ritu Tagore, J. (Oral)
This revision is against the order dated 05.02.2024 (Annexure P-3) passed by learned District Judge, Gurugram, dismissing the transfer application bearing No.TA-154 of 2023 titled as Naresh Kumar v. M/S Vikram Electric Equipment Pvt. Ltd.
2. Learned counsel for the petitioner submits that Civil Suit No. 45 of 2009 titled as M/S Vikram Electric Equipment Pvt. Ltd. v. Naresh Kumar was filed by the respondent for recovery of Rs. 20,40,000/- along with 12% per annum pendente lite and future interest and said suit was decreed ex party vide judgment and decree dated 09.05.2014. Thereafter the petitioner filed an application under Order 9, Rule 13 read with section 151 CPC and said application was fixed for evidence of the petitioner in rebuttal and arguments for 05.07.2023, but Court disposed of the same without giving opportunity to the petitioner to address arguments.
3. The learned counsel next submits that when the learned Presiding Officer was apprised of the matter, he refused to redress grievance of the petitioner. However, later on revoked the said order and adjourned the case.
4. Learned counsel for the petitioner further argues that the petiti
Transfer of cases requires reasonable grounds for bias; mere apprehension is insufficient without substantiation.
The main legal point established in the judgment is the need to balance the motive and underlying object of seeking transfer, the lack of substantial evidence supporting allegations of bias and preju....
Allegations of bias require substantial evidence to justify the transfer of civil suits; mere apprehension of bias is insufficient, maintaining the integrity of judicial officers is paramount.
Litigants should seek remedies through appellate procedures rather than maligning judges with baseless allegations.
A mere allegation of bias and delay in proceedings is insufficient for transferring a case; substantial evidence is required to demonstrate real apprehension of unfairness.
A transfer of case under Section 24 requires substantial evidence of bias or a denial of justice; mere apprehension is inadequate.
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