Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
M/S. BIHAR STATE FOOD & SUPPLIES CORPORATION LTD.
Vs.
RESPONDENT:
M/S. GODREJ SOAPS PVT. LTD. & ORS.
DATE OF JUDGMENT: 02/12/1996
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Having heard the learned counsel on both sides, we
think that instead of transferring the suit, the following
course would meet the ends of justice.
The Civil Suit No.336/79 pending on the file of the
Subordinate Judge, Patna was transferred by an order of this
Court dated February 15, 1988 to be tried along with Suit
No.1028/78 pending on the original side of the Bombay High
Court. It is now not in dispute that though Suit No.1028/78
was posted along with transferred suit which was numbered as
Suit No.398/89, and they were adjourned for some time, the
evidence was adduced in Suit No.1028/78 and it was decreed
by the learned single Judge. An appeal came to be filed and
were are informed that the appeal is pending disposal.
It would appear that UCO Bank has also filed an appeal
and that is also pending. After the disposal of Suit
No.1028/78, now the appellants have filed this application
for transfer of Suit No.298/89 to the file of the
Subordinate Judge, Patna for trial on the ground that the
order passed by this Court for joint trial had out lived its
purpose and Suit No.398/89 requires to be tried on issues
which are not covered in Suit No.1028/78. Having regard to
the facts and circumstances and the nature of the disputes
between the same parties in both the suits, instead of
retransferring Suit No.398/89 to the Court of Subordinate
Judge, Patna, the learned Judge on the original side is
requested to frame necessary issues in Suit No.398/89 within
six weeks from the date of the receipt of this order. if the
relevant documents have already been filed or any additional
documents are required, the same may be filed within two
weeks thereafter. The learned Judge is requested to post the
suit and try the suit on day to day basis within four weeks
from the date of the framing the issues. The learned trial
Judge is requested, after recording the entire evidence to
be adduced by the parties, as stated earlier, on day-to-day
basis, to transmit the entire evidence and the record of the
suit to the Division Bench for consideration along with the
Appeal Nos.20 and 120/95 for disposal so that conflict of
decisions could be avoided. The matter can be disposed of
expeditiously. Liberty is given to make the request before
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
the Division Bench after the receipt of the record to adduce
evidence in the suits for early disposal thereof.
The Transfer Petition is accordingly disposed of.