In aMATTERS UNDER ARTICLE 227 petition regarding a suit filed for transfer due to court vacancy, the court held that Section 24 provisions are the appropriate mechanism and disposed of the petition.
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Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 1740 of 2018
Petitioner :- Amitabh Nanda Respondent :- Madhu Malviya And 9 Others Counsel for Petitioner :- Anil Kumar Mehrotra,Srijan Mehrotra
Hon'ble Manoj Kumar Gupta,J.
The prayer made in the instant petition is for issuing direction to the District Judge, Kanpur Nagar to transfer the proceedings of Original Suit No.2263 of 2013 to some other court which is not vacant.
The suit has been filed by the petitioner alongwith other persons. Learned counsel for the petitioner submitted that at present the court is lying vacant and on account of which the proceedings are getting delayed.
In case the court is vacant, it is always open to the petitioner to seek transfer of the proceedings by filing appropriate application under Section 24 before the District Judge concerned. In the event, any such application is filed, the District Judge shall consider transferring the proceedings to some other court. Since the matter relates to the year 2013, it is desirable that the transferee court, if the matter is transferred, decides the suit expeditiously, without granting unnecessary adjournments.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J)
Order Date :- 22.3.2018 SL
1 issue framed by the court
Whether the petition for transfer of proceedings due to court vacancy was maintainable.
1 provisions across 1 enactments
Amitabh Nanda
Madhu Malviya
Manoj Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
