M/S. HIMALAYA DISTILLERIES LIMITED v. URMILA PRADHAN & ORS.

Supreme Court of India · 25 Feb 2022
Abhay S. Oka
Miscellaneous Application No. 221/2022 in T.P.(C) No. 2498/2019
civil appeal_allowed Procedural

AI Summary

The Supreme Court modified its transfer order to direct the title suit to be tried before the Court of Senior Civil Judge at Siliguri due to the non-existence of a District Judge there.

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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Miscellaneous Application No. 221/2022 in T.P.(C) No. 2498/2019
M/S. HIMALAYA DISTILLERIES LIMITED Petitioner
VERSUS
URMILA PRADHAN & ORS. Respondent(s)
On 1st October, 2021, the present Transfer Petition was disposed of by directing that the title suit subject matter of this petition shall be transferred to the District Court at
Siliguri, West Bengal.
There is a report submitted to this Court by the learned
District Judge, Special Division-I, Sikkim stating that there is no
District Judge at Siliguri and therefore, effect could not be given to the order of this Court dated 1st October, 2021.
The learned senior counsel appearing for the parties agree that there is a Court of Senior Civil Judge at Siliguri in West
Bengal where the suit subject matter of this petition can be tried.
Accordingly, the order dated 1st October, 2021 is modified. It is directed that the suit shall be transferred to the Court of
Senior Civil Judge at Siliguri, State of West Bengal.
With the above discussion, the misc. application is disposed of. .................................J.
[ABHAY S. OKA]
NEW DELHI;
February 25,2022
JUDGMENT