Lawstreet Journal

Fictional Convenience of One Party Cannot be a Ground to Transfer Cases U/S 25 Of CPC: SC [READ ORDER]

Lawstreet Journal 19 Apr 2021 9:10pm

Image courtesy: Lawstreet Journal Judiciary Fictional Convenience of One Party Cannot be a Ground to Transfer Cases U/S 25 Of CPC: SC [READ ORDER]

While deciding a transfer petition concerning a commercial dispute (M/S Fumo Chem Pvt. Ltd. V. M/S Raj Process Equipments And Systems Pvt. Ltd. & Ors.) the Supreme Court observed that mere convenience of one of the parties is not a ground to transfer cases under Section 25 of the Code of Civil Procedure, 1908.

The matter was decided by a Single-Judge Bench comprising of Justice Aniruddha Bose through Video Conferencing.

The commercial dispute was about the supply of certain items. The respondent was to supply and install these items at the petitioner’s manufacturing facility. Upon failure of the respondent to meet the obligations the petitioners had filed an earlier suit in the Commercial Court, Ahmedabad seeking compensation and damages. Subsequently, another petition was filed by the respondent against the petitioner on the same matter in the Court of learned Civil Judge, Senior Division, Pune seeking specific performance of the commercial contract. In the apex court, the petitioner prays that this latter case is transferred to Ahmedabad.

Before the Supreme Court, the petitioner argued that both the suits involve the same issues between the same parties. The Counsel for the petitioner, Gaurav Goel, AOR, relied on the decision of the Supreme Court in the case of Chitivilasa Jute Mills vs. Jaypee Rewa Cement [(2004) 3 SCC 85] in support of his client's plea for transfer to enable both the suits to be tried in the same court. It was also argued that the Senior Executives of the petitioner’s company, against whom the subsequent matter… Continue Reading...

Tagged: Supreme Court of India  
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