Case Note & Summary
The Supreme Court of India, in its civil original jurisdiction, heard a transfer petition filed by M/s. Himalaya Distilleries Limited against Urmila Pradhan and others. The petitioner had filed an affidavit dated September 25, 2021, through Shri Pratik Shreshtha, Vice President, withdrawing all allegations made against respondent No.5 in the petition. In light of this withdrawal, the learned Senior Counsel for the respondents stated they had no objection to transferring the subject suit to the District Court, Siliguri, West Bengal. The court considered the withdrawal of allegations and the consent of the respondents as key factors. It analyzed the procedural aspects under civil jurisdiction, focusing on the appropriateness of transfer based on party agreement. The court reasoned that since the allegations were withdrawn and the respondents consented, transferring the suit would facilitate efficient adjudication. Accordingly, the Supreme Court disposed of the transfer petition by directing that Title Suit No.11 of 2017, pending before the District Judge Special Division-I, East Sikkim at Gangtok, be transferred to the District Court at Siliguri, West Bengal. All pending applications were also disposed of as part of this order.
Headnote
A) Civil Procedure - Transfer of Suits - Consent-Based Transfer - Code of Civil Procedure, 1908 - The petitioner withdrew allegations against respondent No.5, and respondents consented to transfer the suit - Supreme Court directed transfer of Title Suit No.11 of 2017 from District Judge Special Division-I, East Sikkim at Gangtok to District Court at Siliguri, West Bengal - Held that transfer is appropriate in view of withdrawal and no objection from respondents (Paras 1-2).
Issue of Consideration
Whether the Title Suit should be transferred from the District Judge Special Division-I, East Sikkim at Gangtok to the District Court at Siliguri, West Bengal based on withdrawal of allegations and consent of parties
Final Decision
Transfer petition disposed of by directing transfer of Title Suit No.11 of 2017 from District Judge Special Division-I, East Sikkim at Gangtok to District Court at Siliguri, West Bengal; pending applications disposed of
Law Points
- Transfer of suits under civil jurisdiction
- withdrawal of allegations
- consent of parties
- jurisdiction of Supreme Court under transfer petitions
