M/S B. D. A. Breweries
& Distilleries Ltd. Vs. M/S Vindale Distilleries Ltd. [2008] INSC 1203 (22
July 2008)
Judgment
CIVIL ORIGINAL
JURISDICTION TRANSFER PETITION (C) NO. 221 OF 2008 M/S. B.D.A.BREWERIES &
VERSUS ORDER This is a transfer petition filed by M/s. B.D.A.Breweries &
Distilleries Ltd. for transfer of O.S.No. 400 of 1994 pending before the III
Additional Judge, City Civil Court, Secunderabad, to Delhi High Court.
On 4.1.2008, by an
order passed in T.P.(C) No. 845 of 2006, this Court had transferred several
matters touching the respondents, M/s. Vinedale Distilleries Ltd., to the Delhi
High Court, with a request to the Hon'ble Chief Justice to direct the same to
be taken up by the same learned Judge hearing other pending matters. We had
also directed that in the event there were any pending appeals arising out of
the suits which had been transferred by the said order, the same would also
stand transferred and would be heard by the appropriate Division Bench of the Delhi
High Court. In addition, we had observed that in order to avoid future
confusion, any suit, which might be filed in future touching upon the control
and management of the company in question, should be filed before the Delhi
High Court which will decide the matter.
It may not be out of
place to mention that out of three suits, namely, O.S.No. 376/1994, 389/1994
and 400/1994, the first two suits have already been -2- transferred to the
Delhi High Court. This transfer petition is for transfer of the third suit to
the Delhi High Court also.
Having heard learned
counsel for the respective parties and having regard to the earlier order
passed on 4.1.2008, we direct that O.S.No. 400/1994, pending in the Court of
III Additional Judge, City Civil Court, Secunderabad, be transferred to the
Delhi High Court, with the request that the same be taken up with the other
matters expeditiously.
We have been informed
by Mr. E. C. Agrawala, appearing for the respondent, that despite our order of
4.1.2008, not much headway has been made in the pending proceedings before the
High Court. In fact, he has shown us an order dated 7.7.2008, involving an I.A.
for amendment of the plaint which according to him has been made after fifteen
years.
In view of the above,
we request the High Court to ensure that no unnecessary adjournments are
allowed in these pending matters and even if it becomes absolutely necessary
for an interlocutory application to be made, the same is to be disposed of at
the earliest opportunity. This will also include applications which have been
made and are still pending. We also make it clear that the disposal of these
interlocutory applications should not come in the way of early disposal of the
suits.
Since we have been
informed by Mr. E. C. Agrawala that O.S.No.400/1994, which is being
transferred, is at the stage of evidence, we would further request the Delhi
-3- High Court to take up the said suit from the said stage and dispose of the
same expeditiously in terms of this order.
Transfer petition is
allowed. There will be no order as to costs.
..................J.
(ALTAMAS
KABIR) ...................J.
(MARKAANDEY
KATJU) New Delhi, July 22, 2008.
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