The Chhattisgarh High Court dismissed three transfer petitions seeking consolidation of civil suits arising from separate contracts. The bench held that independent nature of agreements, different executing officers, and distinct witnesses precluded consolidation.
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.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Transfer Petition (C) No. 55 of 2016
Paras Vanaspati Pvt. Ltd. A Company Registered Under The Provisions Of Company Act, 1956 Having Its Registered Office At 21/360 Ganj Para, Raipur, Chhattisgarh, Through Its Director Shri Hemendra Sangoi.
---- Petitioner
Versus
---- Respondents
Transfer Petition (C) No. 56 Of 2016
Paras Vanaspati Pvt. Ltd. A Company Registered Under The Provisions Of Company Act, 1956 Having Its Registered Office At 21/360 Ganj Para, Raipur, Chhattisgarh, Through Its Director Shri Hemendra Sangoi.
---- Petitioner
---- Respondents
And
Transfer Petition (C) No. 57 Of 2016
Paras Vanaspati Pvt. Ltd. A Company Registered Under The Provisions Of Company Act, 1956 Having Its Registered Office At 21/360 Ganj Para, Raipur, Chhattisgarh, Through Its Director Shri Hemendra Sangoi.
---- Petitioner
Vs
2
Through Its Managing Director.
---- Respondents
For Petitioners Shri Ankit Singhal, Advocate. For Respondent No.1 & 2 Shri AS Kachhwaha, Advocate. For Respondent/State Shri OP Sahu, Govt. Advocate.
Hon'ble Shri Justice P. Sam Koshy
Order On Board
12/01/2017
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different courts. In the alternative, he also makes a submission that all the matters be transferred to the court at District Raipur which would further facilitate either of the parties for smooth conducting of trial as the office of the petitioner-plaintiff as well that of the respondent No.1 is situated at Raipur and that would suit either of the parties also and thus prayed for transfer of all the civil suits to one of the court in the State of Chhattisgarh.
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undoubtedly three suits are arising out of three separate independent contracts, the documents exhibited in each of the contracts/agreement are also entirely different, the officers who have signed in the contracts are also different, and therefore, the witness which would have been adduced by the defendants to prove the documents which they would rely are also different, therefore, it would not serve any purpose of consolidating the three suits together.
Sd/(P.Sam Koshy) Judge
inder
2 issues framed by the court
Whether three separate civil suits based on independent contracts should be consolidated and transferred to one court for trial.
Whether the common nature of agreements between parties in three suits justifies consolidation despite different execution officers and witnesses.
1 provisions across 1 enactments
Paras Vanaspati Pvt. Ltd.
Chhattisgarh State Minor Forest Produce (T&D) Co-operative Federation Limited
State Of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
