AI Structured Summary
Not yet generated for this judgment
Judgment
Abdul Hadi, J.—Tr.C.M.P. No. 16416 of 1989 is for transferring I.A.No. 519 of 1989 is un-numbered STC of 1989 on the file of the Co-
operative Tribunal, Salem to the Co-operative Tribunal at Madras.
First of all, without seeking transfer of main proceeding, transfer of an interlocutory application therein alone cannot be sought for. Vide
Kondayya v. Official Receiver, Nellore (1951)1 M.L.J. 97. In the said decision it has been observed that it is open to question whether an interim
application alone can be transferred without transferring the main proceeding.
That apart, the said interlocutory application is only for excusing the delay of 236 days in filing the above said appeal, viz., the un-numbered
STC of 1989. The ground alleged for transfer is that the petitioner is suffering from blood pressure and he is permanently staying at Madras due to
his sickness and that he could not go to Salem for attending to the above said interlocutory application at Salem. But, for the said interlocutory
application, there is no necessity for him to go to Salem. The said interlocutory application will be normally disposed of only on the affidavit of the
petitioner explaining the delay, if necessary, supported by any necessary document. In the circumstances, there is absolutely no ground for
transferring the said interlocutory application.
Therefore, the said Transfer C.M.P. No. 16416 of 1989 is dismissed and consequently C.M.P. No. 16417 of 1989 is also dismissed.