Case Note & Summary
The case involved a transfer petition filed by M/s. Himalaya Distilleries Limited seeking the transfer of Title Suit No.11 of 2017 from the District Judge Special Division-I, East Sikkim at Gangtok to the District Court at Siliguri, West Bengal. During the proceedings, the petitioner filed an affidavit on 25th September 2021, in which all allegations against respondent No.5 were withdrawn. The learned Senior Counsel for the respondents indicated no objection to the transfer of the suit following the withdrawal of allegations. The Supreme Court, considering the withdrawal and the consent of both parties, disposed of the transfer petition by ordering the transfer of the suit to the District Court at Siliguri. The court also disposed of any pending applications. The decision was made on October 1, 2021.
Headnote
A) Civil Procedure - Transfer of Suit - Withdrawal of Allegations - Transfer Petition (Civil) No. 2498 of 2019 - The petitioner withdrew all allegations against the respondent, leading to the respondents' consent for the transfer of the suit. The court directed the transfer of Title Suit No.11 of 2017 from East Sikkim to Siliguri, West Bengal, based on the parties' agreement. Held that the transfer was appropriate given the circumstances (Paras Not mentioned).
Issue of Consideration
Whether the allegations against the respondent can be withdrawn and if the suit can be transferred.
Final Decision
The Supreme Court ordered the transfer of Title Suit No.11 of 2017 from the District Judge Special Division-I, East Sikkim at Gangtok to the District Court at Siliguri, West Bengal, based on the withdrawal of allegations and the consent of the parties.
Law Points
- Transfer of suit
- withdrawal of allegations
- consent of parties
