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M/S. Himalaya Distilleries Limited v. Urmila Pradhan

Transfer Petition (Civil) · 2021 INSC 595Decided 1 Oct 2021
Transfer Petition (Civil) No. 2498 of 2019
Justice Abhay S. Oka

Background

The petitioner company had filed allegations against respondent No. 5 in the course of a transfer petition relating to a civil title suit pending before the District Judge, Special Division-I, East Sikkim at Gangtok. Before the matter could be argued further, the petitioner's Vice President filed an affidavit withdrawing all the allegations made against respondent No. 5.

Decision Breakdown

With the allegations withdrawn and the respondents' senior counsel stating they had no objection to the suit being moved to a different court, the Court transferred Title Suit No. 11 of 2017 from the District Court at East Sikkim, Gangtok to the District Court at Siliguri, West Bengal. The transfer petition was disposed of on this consent basis, and all pending applications were also closed.

Lesson Learnt

When all parties to a case agree on a sensible practical arrangement, here, moving a suit to a more convenient court after contested allegations are withdrawn, the Supreme Court can dispose of the matter quickly on consent, without a contested hearing on the merits.

Official source (sci.gov.in)View Judgment (PDF)

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