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High CourtsSingle Bench(2008) 03 CAL CK 0043

Thomas G. Rathina Raj vs Union of India (UOI) and Others

Calcutta High Court · Decided on 13 March 2008 · Citation: AIR 2008 Cal 250

HON’BLE JUDGES
Biswanath Somadder, J
RESULT
Dismissed
CASE NUMBER
C.O. No. 2 of 2008

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Judgment

5 paragraphs · 342 words

Biswanath Somadder, J.—Heard learned advocate appearing on behalf of the petitioner.

2.

The instant application has been filed before this Court u/s 24 of the CPC 1908 seeking transfer of proceeding, being O.S. No. 3 of 2008, pending before the learned District Judge, Andaman & Nicobar Islands, Port Blair to any other Court, inter alia, on the ground that the present learned District Judge, Andaman & Nicobar Islands is not empowered to entertain, try and determine the aforesaid civil proceeding, for lack of jurisdiction.

After considering the submissions made and upon perusing the instant application, I am unable to appreciate the contention of the petitioner herein, who has inter alia, stated that an application u/s 9 of the Arbitration and Conciliation Act, 1996, cannot be moved before the learned District Judge, because the regular District Judge is on leave, and the present District Judge has no power to deal with the civil cases.

3.

I am of the view that the scope of the instant application for transfer of proceeding on the ground of lack of jurisdiction/ power of the District Judge, Andaman & Nicobar Islands to deal with civil cases, in the absence of regular District Judge, who has gone on leave, has no basis, in view of the express provision of Article 235, under Chapter VI of Part VI of the Constitution of India, wherefrom it appears that control over subordinate judicial administration vests completely with the High Court and it is exclusively for the High Court to decide before whom jurisdiction will vest, if a regular District Judge goes on leave. In this regard, one may take into consideration the observations made by the Supreme Court in the case of M.M. Gupta and Others Vs. State of Jammu and Kashmir and Others, .

4.

There is no merit in the instant application for transfer and the same is hereby dismissed, with a direction upon the present learned District Judge, Andaman & Nicobar Islands, Port Blair to proceed in accordance with law in respect of O.S. No. 3 of 2008.