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2022 Supreme(All) 1683

J. J. MUNIR
Bechan Singh – Appellant
Versus
Amar Concreet Slipper Plant Through Director Ashok Kumarand – Respondent


Advocates Appeared:
For the Applicant : Aakash Sharma, Arvind Kumar Rai.

JUDGMENT :

(J.J. Munir, J.)

1. Heard learned Counsel for the applicant in support of this application at great length.

2. This Transfer Application has been moved by defendant No.1 of Original Suit No.298 of 2020, M/s. Amar Concrete Slipper and Another Vs. Bechan Singh and Others, seeking transfer of the suit aforesaid, from the Court of the Civil Judge (Senior Division) Varanasi to any other Court of competent jurisdiction in the judgeship.

3. The applicant earlier approached the learned District Judge, Varanasi with the same prayer, who has rejected the applicant's transfer application vide order dated 21.09.2022. The allegations in the transfer application are founded on lack of impartiality of the Presiding Officer and his bias against the applicant, which the applicant says leads him to believe that he would not get justice at the hands of the Presiding Officer concerned. The basis for this belief in substance is that the defendant sought time to file a reply to the temporary injunction application made in the suit and objected to short dates being fixed in the temporary injunction matter. The learned Trial Judge declined the prayer for adjournment and is said to have told the

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