Defendant sought transfer of a defamation damages suit from Chennai to Salem citing his senior citizenship and inconvenience. The court declined, holding transfer would only delay proceedings, but directed the trial court to dispose of the pending plaint-rejection and enquiry applications within eight weeks.
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Tr.C.M.P.No.1191 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Tr.C.M.P.No.1191 of 2024 and C.M.P.No.25968 of 2024
K.Muthu
.. Petitioner
Vs.
The Professional Couriers, Franchisee of Salem Division, Represented by its General Manager, K.Muthu, S/o. Kalimuthu, Regional Office at 128-A, Siddhar Koil main road, Kandampatty By-pass, Salem-636 005.
.. Respondent
PRAYER : Transfer Civil Miscellaneous Petition is filed under Section 24 of the Civil Procedure Code, to withdraw O.S.No.4474 of 2019 pending on the file of the learned IV Additional Judge, City Civil Court at Chennai and to transfer the same to the file of the District Court at Salem.
For Petitioner : Mr. S.T.Bharath Gowtham
ORDER
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This petition for transfer seeks transfer of O.S.No.4474 of 2019 on the file of the IV Additional City Civil Court at Chennai to the file of the District Court in Salem.
transferred before the Original Side of this Court as C.S.No.546 of 2016. Subsequently, due to the enhancement of the pecuniary jurisdiction of the City Civil Court, the suit stood transferred to that Court and was re-numbered as O.S.No.4474 of 2019. C.S.No.546 of 2016 is a suit for damages based on alleged acts of defamation. The defendant/petitioner herein has filed an application seeking for rejection of the plaint. The said application is pending in I.A.No.1 of 2019.
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not inclined to transfer the suit to the Court at Salem, which will only delay the proceedings and will increase the agony of the parties. Therefore, I am not entertaining this transfer petition.
for rejection of the plaint is pending for the past five years, the learned IV Additional Judge, City Civil Court at Chennai is requested to take up I.A.No.1 of 2019 along with I.A.No.3 of 2024 for enquiry and dispose of the same within a period of eight weeks from the date of receipt of a copy of this order.
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miscellaneous petition is closed.
21.11.2024
Index:Yes/No Internet:Yes/No Neutral Citation:Yes/No kj To IV Additional Judge, City Civil Court at Chennai.
V.LAKSHMINARAYANAN,J.
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Kj
Tr.C.M.P.No.1191 of 2024 and C.M.P.No.25968 of 2024
21.11.2024
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1 issue framed by the court
Whether a defamation damages suit pending in Chennai should be transferred to Salem on grounds of the defendant's convenience and senior citizenship?
1 provisions across 1 enactments
K.Muthu
The Professional Couriers, Franchisee of Salem Division, Represented by its General Manager
V.Lakshminarayanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
