Misc. Civil Application No. 137 of 2015. Case: Shri Ganpat D. Kulthe Vs Shri Hasansaheb Miyalal Mushrif. High Court of Bombay (India)
| Case Number | Misc. Civil Application No. 137 of 2015 |
| Counsel | For Appellant: Mr. Sagar Rane, Adv. and For Respondents: Mr. Shriniwas Patwardhan, Adv. |
| Judges | R. D. Dhanuka, J. |
| Issue | Code of Civil Procedure, 1908 - Sections 24, 24(1)(b)(i); Code of Criminal Procedure - Section 407 |
| Judgement Date | February 09, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
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By this Miscellaneous Civil Application, the applicant seeks transfer of Special Civil Suit No.134 of 2011, which is pending in the Court of 3rd Joint Civil Judge, Senior Division, Kolhapur to this Court in exercise of powers under section 24(1)(b)(i) of the Code of Civil Procedure, 1908.
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The respondent was a Minister of State from 2000 to 2009 and is a sitting member of Legislative Assembly, Maharashtra. Some time in the year 2000, the respondent filed a suit against the appellant in the Court of 3rd Joint Civil Judge, Senior Division, Kolhapur interalia praying for damages to the tune of Rs.1,00,05,000/-. The applicant has already filed his written statement in the said suit. It is the case of the applicant that the said suit filed by the respondent had been listed for about 33 times before the 3rd Joint Civil Judge, Senior Division, Kolhapur when the respondent remained present only on three occasions. The learned trial Judge has also imposed cost on the respondent on account of repeated adjournments sought by the respondent.
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Learned counsel appearing for the applicant submits that the applicant has been suffering from diabetes for quite some time and is required to take medical treatment regularly. He submits that the applicant is 76 years of old and is retired, whereas the respondent, who is a sitting M.L.A., is aged about 59 years. He submits that in addition to the place of the respondent at Kolhapur, the respondent has his alternate address at Room No.414 & 503, Aakashwani Aamdar Niwas, Near Mantralaya, Mumbai -32. In support of his submission, the applicant is not keeping good health, my attention is invited to the medical report annexed to this Miscellaneous Civil Application and also produced the original of the latest blood report of the applicant to show that he is still suffering from heavy diabetes.
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Learned counsel for the applicant also invited my attention to an order passed by this Court on 15th September, 2014 in Criminal Application No.444 of 2014, which was filed by the applicant herein against one Dr.Mahesh S. Chandurkar and another under section 407 of the Code of Criminal Procedure inter-alia praying for transfer of the complaint filed by the respondent therein in Sangli Court to the Court at Mumbai. He submits that after considering various similar facts, this Court was pleased to transfer the said criminal proceedings filed by the respondents therein to appropriate Court at Mumbai.
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