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K. Jayakumar v. T. Mohan

K. Jayakumar v. T. Mohan

(High Court Of Judicature At Madras)

Transfer Civil Miscellaneous No. 165 Of 2015 | 11-07-2016

(Prayer: Transfer Civil Miscellaneous Petition filed under Section 24 of the Civil Procedure Code, 1906, praying to withdraw O.S.No.117 of 2014 on the file of II Additional District Court, Thanjavur and transfer the same to the file of District Court, Vellore or to any other competent Court.)

O.S.No.117 of 2014 on the file of II Additional District Court, Thanjavur, is a suit filed by the respondent/plaintiff seeking recovery of a sum of Rs.18,01,062/-. Petitioner/defendant seeks transfer of the suit from the file of II Additional District Court, Thanjavur, to the file of District Court, Vellore.

2. Learned counsel for petitioner/defendant submitted that on a hearing date before the Court at Thanjavur, the petitioner/defendant was attacked by the respondent/plaintiff as also his nephew. There was an earlier attack at Thirupathur where the petitioner/defendant is resident. On the complaints of the petitioner/defendant, two cases stand registered.

3. Learned counsel for respondent/plaintiff submitted that the petitioner/defendant, who alleges an attack on the date of hearing at Thanjavur, had not preferred any complaint either before the Court concerned or jurisdictional police on such date. On the next date, he had caused complaint to the Superintendent of Police, Thanjavur, through registered post. Learned counsel also submits that the suit now stands transferred to the file of Additional District Court, Kumbakkonam.

4. Learned counsel for petitioner/defendant submitted that the area of operations of the respondent/plaintiff extends to Thanjavur, Kumbakkonam and Trichy and as such, the petitioner would be unsafe in attending Courts in any such area. In answer to the submission of learned counsel for petitioner/ defendant that a criminal complaint preferred by the respondent/plaintiff had been quashed by this Court, learned counsel for respondent/plaintiff submits that the case had been registered for offence u/s.420 IPC and while directing quash thereof this Court had informed that the dispute arose out of a commercial transaction and did not attract the offence of cheating.

5. Learned counsel for respondent/plaintiff has no objection to transfer the suit to the file of Principal District Judge, Thanjavur.

6. On consideration of rival submissions, this Court transfers O.S.No.117 of 2014 presently pending on the file of Additional District Court, Kumbakkonam, to the file of Principal District Court, Thanjavur. Considering the submission that the suit is of the year 2014, this Court directs the transferee Court to dispose of the suit as expeditiously as possible, in any event, within a period of five months from the date of receipt of this order.

The Civil Revision Petition is disposed of with the above direction. No costs.

Advocate List
  • For the Petitioner G. Sankaran, Advocate. For the Respondent M. Rajasekar, Advocate.
Bench
  • HON'BLE MR. JUSTICE C.T. SELVAM
Eq Citations
  • LQ/MadHC/2016/3429
Head Note

Transfer of suit — Transfer of O.S.No.117 of 2014, from file of II Additional District Court, Thanjavur, to file of District Court, Vellore, sought — Transfer of suit to file of Principal District Judge, Thanjavur, directed — Transferee Court directed to dispose of suit within 5 months from date of its order — Civil Procedure Code, 1908, S. 24.