Full Judgment Text
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 5877 OF 2010
(Arising out of SLP(C) No.18106/2007)
BPM INDUSTRIES LTD. Appellant(s)
:VERSUS:
SAMARTH DEVELOPMENT CORPORATION Respondent(s)
O R D E R
Leave granted.
This appeal is directed against the judgment and
order dated 9.8.2007 passed by the learned Single Judge
of the High Court of Judicature at Bombay in Misc. Civil
Application No. 26 of 2007 whereby the High Court
dismissed the Misc. Civil Application for transfer of the
Suit No.429/452 of 2001 filed by the respondent in the
Small Causes Court.
The appellant filed a suit on the original side of
the Bombay High Court for declaration that the lease
executed by the respondent inter alia stand renewed for a
further period of 50 years from 1.5.1999. That suit is
pending before the High Court of Bombay.
-2-
The respondent Samarth Development Corporation
filed a suit being Suit No. 770/1421 of 1998 in the Small
Causes Court at Mumbai under Sections 13(1)(i) and (k) of
the erstwhile Bombay Rent Act, 1947, for eviction of the
appellant - BPM Industries Limited. Samarth Development
Corporation also filed a suit being Suit No. 429/452 of
2001 before the Small Causes Court, Mumbai, for eviction
of the appellant herein.
The appellant BPM Industries Limited filed an
application being Civil Misc. Application No.26 of 2007,
praying therein that Suit No.429/452 of 2001 be
transferred to the Bombay High Court and be heard along
with Suit No.5254/99 pending in the Bombay High Court.
That request has been declined by the learned Single
Judge of the Bombay High Court by dismissing Civil Misc.
Application No.26 of 2007. The appellant is thus before
us challenging the judgment of the Single Judge passed in
Civil Misc. Application No.26 of 2007.
We have heard the learned counsel for the parties.
We are not inclined to interfere with the impugned
th
judgment dated 9 August, 2007 passed by the learned
Single Judge of the Bombay High Court.
-3-
However, in the peculiar facts and circumstances
of this case, we request the Bombay High Court to dispose
of Suit No.5254/99 as expeditiously as possible.
Similarly, we request the Trial Court to dispose of Suit
No.770/1421 of 1998 and Suit No.429/452 of 2001 as
expeditiously as possible. No further directions are
necessary in this appeal.
We request the parties to cooperate with the Trial
Court and to avoid unnecessary adjournments.
This appeal is accordingly disposed of.
S.L.P.(C) No.20787/2007:
In view of the order passed in the above civil
appeal, no orders are necessary to be passed in this
petition. This special leave petition is accordingly
disposed of.
....................J
(DALVEER BHANDARI)
....................J
(DEEPAK VERMA)
New Delhi;
July 21, 2010.