Supack Industries Pvt. Ltd. vs Jay Mahakali Engineering Works

K.S. Jhaveri, J.—By way of present application, the applicant has inter alia prayed to transfer the proceedings of Special Civil Suit No. 69 of 2006 from the Court of Principal Senior Civil Judge at Gandhi nagar to the Small Causes Court at Rajkot.

When present application came up for admission hearing, this Court issued Rule and made it returnable on 28th October 2010. Though served, till date none has appeared on behalf of the opponent.

Mr. Vivek Gupta, learned advocate for the applicant, has submitted that the applicant herein has instituted Small Cause Suit No. 1035 of 2006 before the Small Causes Court at Rajkot in respect of money claim under the fabrication contract given to the opponent on 10th May 2006. It is submitted that only thereafter on 29th May 2006 the opponent herein has instituted Special Civil Suit No. 69 of 2006 before the Court of Principal Senior Civil Judge at Gandhi nagar in respect of money claim under the same fabrication contract. Hence, in view of aforesaid, it is submitted that since the suit for the same contract filed by the applicant is prior in point of time, the same may be transferred as prayed for.

Having considered the contentions raised by the learned advocate for the applicant, averments made in the application and the documentary evidence produced on record, it transpires that the applicant herein has filed Small Cause Suit No. 1035 of 2006 before the Small Causes Court at Rajkot in respect of money claim under the fabrication contract given to the opponent on 10th May 2006, whereas only thereafter on 29th May 2006 the opponent herein has preferred Special Civil Suit No. 69 of 2006 before the Court of Principal Senior Civil Judge at Gandhinagar in respect of money claim under the same fabrication contract. In that view of the matter, it is crystal clear that for the very cause of action i.e. very fabrication contract, two different suits have been filed and the applicant herein has filed the suit prior in point of time. In that view of the matter, it would be appropriate to transfer the suit filed by the opponent herein to the Court where the suit filed by the applicant is pending.

In view of aforesaid, present application is hereby allowed. The proceedings of Special Civil Suit No. 69 of 2006 pending before the Court of Principal Senior Civil Judge at Gandhi nagar are transferred to the Small Causes Court at Rajkot. Rule is made absolute accordingly. No order as to costs.