Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 70 of 2018 Applicant :- Sobhnath Dewedi Opposite Party :- Prakashveer Dewedi And 7 Others Counsel for Applicant :- Ashutosh Srivastava
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
This transfer application has been filed seeking transfer of Original Suit No. 440 of 1998 which was filed for making an arbitration award Rule of the Court.
It is submitted that this suit was decreed. An application for recall of the order was filed by the opposite party, but was subsequently, dismissed as not pressed.
28 years later, another recall application was filed on 20.07.2017. In this recall proceeding, an alleged vakalatnama of the applicant has been filed wherein the witness is the opposite party himself and the application for condonation of delay was allowed on 25.07.2017, fraudulently.
Additionally it has been averred that the Presiding Officer has very cordially relations with the opposite party No. 1, and while visiting Bombay, the Presiding Officer used to stay with the Opposite party No. 1. This creates a doubt that the applicant will not get justice from the said Court. On this ground, the instant transfer application has been filed.
In judicial proceedings, justice would not only be done, it must also appear to be done. Therefore, in the aforesaid facts and circumstances, this Court considers it appropriate that the proceedings pending before the Additional Civil Judge Senior Judge, Mirzapur be transferred to some other Court.
The transfer application is, therefore, allowed.
The District Judge Mirzapur is directed to allot the file of Original Suit No. 440 of 1998 wherein Misc. Case No. 5 of 2017 is stated to be pending, to another Court of competent jurisdiction. This may be done by the District Judge, Mirzapur, within a week of a certified copy of this order being filed before him.
It is further directed that the transferee court may decide the matter expeditiously preferably within a period of three months from the date, the matter is transferred to it.
MISHRA Order Date :- 28.2.2018 Priyanka ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049885bf6 4ad5bbb33050e3dfe3e210927d94f413, SERIALNUMBER=004ee64f25f9f36f85dbdc7 1f5b0ec1e2f0938431e25dbbadc93823915b3 6c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-02-28 16:11:54