Single Judge order dismissing a transfer petition and accompanying application held misconceived because related suits are pending at stages where transfer would serve no purpose. Petition dismissed.
The petition and the application filed therewith were dismissed.
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.
$~56
LEA ASSOCIATES SOUTH ASIA PVT LTD ..... Petitioner Through: Mr. Debasish Moitra, Advocate with Ms. Shantha Devi Raman, Adv.
versus
KRISHANA KUMAR GUPTA ..... Respondent Through:
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA O R D E R % 22.03.2018
The petition is misconceived on its face. Two suits came to be filed, first in chronology (civil suit No.433/2012) being the suit of the respondent instituted on 19.12.2008 seeking reliefs in the nature of declaration and recovery of Rs.18,29,254/- towards legal dues, damages and compensation for illegal termination of services, it having been decided by the judgment dated 12.11.2014 of the additional district judge, South-East District, both parties having preferred regular first appeals (RFA) there against which are pending before the appropriate bench of this Court and, the second, suit [CS (OS) No.2426/2011) of the petitioner against the respondent seeking damages for breach of contract which was originally presented on the original side of this Court and which is now pending on the file of additional district judge, South-East District.
Page 1 of 2
TR.P.(C.) 47/2018
Since the first suit has already been decided and the matter is at the stage of regular first appeal, no purpose would be served by withdrawing the other suit from the district Court and transferring it to this Court.
The petition and the application filed therewith are dismissed.
R.K.GAUBA, J.
MARCH 22, 2018 vk
Page 2 of 2
TR.P.(C.) 47/2018
3 issues framed by the court
Whether to allow withdrawal of one suit from District Court and transfer to High Court when another suit involving same parties is pending in first appeal before this Court.
Whether the petition and application are maintainable.
What is the appropriate course in double suits where related proceedings are pending at different stages.
Lea Associates South Asia Pvt Ltd
Krishana Kumar Gupta
R.K. Gauba
As recorded by the court registry
A petition to transfer a civil case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
