In Misc. Civ. Appl. No. 58/2017, the Bombay HC Bench at Aurangabad allowed the application for transfer of proceedings from Mumbai to Aurangabad due to the applicant's illiteracy, lack of local relatives, and incidental hardship.
Transfer of proceedings allowed in terms of Prayer clause 'A'.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MCA 58-2017
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
MISC. CIVIL APPLICATION NO. 58 OF 2017
Latabai W/o Kailash Gite ...APPLICANT
versus
Kailash S/o Tryambak Gite
...NON-APPLICANT
Mrs Sangeet Minakshi L., Advocate for Applicant, Mr M.G.M. Shaikh, Advocate for respondent sole.
CORAM : N.W. SAMBRE, J.
DATE : 12th July, 2017
ORAL ORDER
Prayer for transfer is opposed by the non-applicant on the
ground that he is ready and willing to pay Rs. 2000/- on each date, towards conveyance and other charges.
MCA 58-2017
(2)
that may be faced by the applicant, the application, in my opinion, is to be allowed in terms of prayer clause “A”.
( N.W. SAMBRE, J.)
pjm
2 issues framed by the court
Whether to grant transfer of proceedings for convenience of an illiterate applicant residing in Aurangabad.
Whether willingness of respondent to pay conveyance charges negates hardship to applicant.
Latabai W/o Kailash Gite
N.W. SAMBRE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
