Bihar State Food & Supplies Corporation Ltd. Vs. M/S. Godrej Soaps Pvt.
Ltd. & Ors  INSC 1545 (2 December 1996)
O R D
heard the learned counsel on both sides, we think that instead of transferring
the suit, the following course would meet the ends of justice.
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.
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
the Division Bench after the receipt of the record to adduce evidence in the
suits for early disposal thereof.
Transfer Petition is accordingly disposed of.