Allowed

M/S. Kanji Manji Kothari and Co. and Ors. v. Abdul Hamid Shaikh and Anr.

Bombay HC7 Apr 2006WP/698/2006

Case brief

AI extract

What is this about?

The petitioners challenged the jurisdiction of the Metropolitan Magistrate, 23rd Court, Esplanade, in a Section 138 case. The Court accepted that Borivali Court had jurisdiction and ordered a transfer of the criminal case to that court before disposing of the writ petition.

What did the court decide?

The criminal case no.583/SS/2005 was transferred from Metropolitan Magistrate, 23rd Court, Esplanade, to Metropolitan Magistrate, Borivali, to proceed with the trial.

------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearances, Court’s orders or directions and Registrar’s orders ------------------------------------------------------- Mr.P.P.Prabhu for the petitioners. Mr.S.Malik for Respondent no.1. Mr.Rajesh More APP for the State.

Coram : R.S.Mohite,J Date : 7.4.2006. PC 1. Heard Advocate for the petitioners. The grievance made in this petition is that the complaint under Section 138 of the Negotiable Instruments Act has been filed in the Court without jurisdiction. It is seen that C.C.No.583/SS/2005 has been filed in the Court of Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai. It is not disputed that it was filed in the said Court as the Advocate’s notice was issued from the office of the Advocate which is situated in the jurisdiction of this Court.

Reliance is placed upon the judgment of the Court in the case of Pradeep Ghadia V/s. State of Maharashtra which is delivered in Writ petition no.1351 of 2002 by Justice A.S.Oka on 13.9.2005. Advocate for the respondents however, states that he has no objection if the matter is transferred to Borivali Court as both the Advocates admit that the said Court has jurisdiction. In the circumstances, in view of the judgment of this Court referred to (supra), the Criminal case no.583/SS/2005 is transferred from the file of Metropolitan Magistrate, 23rd Court, Esplanade, Mumbai to the Court of Metropolitan Magistrate at Borivali having jurisdiction to conduct the matters under Section 138 of the Negotiable Instruments Act. With this direction petition stands disposed of. It is made clear that the Court in which the matter is transferred will

M/S. Kanji Manji Kothari and Co. and Ors. v. Abdul Hamid Shaikh and Anr.

Case brief

What is this about?

What did the court decide?

M/S. Kanji Manji Kothari and Co. and Ors. v. Abdul Hamid Shaikh and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shivchandranlal Shivnath Shukla Vs Salikram Basant Nai and Anr.

Rakeshkumar Navnath Shukla Vs the State of Maharashtra

Kotak Mahindra Bank Ltd. Vs M/S Mokashi Aromas Pvt. Ltd. and Anr.

Ramji Chhotelal Sharma Vs Koushal Kailash Sharma and Anr. .

Chandrakant Gangadhar Kshirsagar Vs Dayaram Motiram Pekhale and Anr.

Chandrakant Gangadhar Kshirsagar Vs Dayaram Motiram Pekhale and Anr.