Himachal Pradesh Forest Corporation Limited through its Managing Director v. Surinder Singh Chauhan
2019-03-15
AJAY MOHAN GOEL
body2019
DigiLaw.ai
JUDGMENT : Ajay Mohan Goel, J. By way of this petition filed under Article 227 of the Constitution of India, petitioner lays challenge to order dated 08.10.2018 (Annexure P-6), passed by the Court of learned District Judge, Shimla, in CMP No. 464-S/6 of 2018, vide which an application filed by the present petitioner for transfer of the suit to the Court of learned Civil Judge (Senior Division), Rampur, on the ground that the said Court was having pecuniary as also territorial jurisdiction to adjudicate upon the matter stands dismissed on the ground that the matter stood remanded to it by the High Court and when clarification was sought by the Court below from the High Court itself, the Court was directed to decide the lis as per the judgment passed by the High Court dated 30.11.2017. 2. Having heard learned Counsel for the parties and having perused the impugned order as also the record of the case, in my considered view, the remedy before the petitioner is not by way of assailing the order passed by the learned Court below but to seek a review of the order passed by this Court dated 30.11.2017 (Annexure P-2), passed in Civil Suit No. 72 of 2005, because it is the High Court that had directed the transfer of the case for adjudication to the Court of learned District Judge, Shimla. In the face of said order, learned District Judge rightly has not passed any order which could be perceived as overreaching the directions passed by this Court. 3. In these circumstances, at this stage, learned Counsel for the petitioner prays that he may be permitted to withdraw this petition with liberty to file a review petition. Ordered accordingly. The petition is accordingly dismissed as withdrawn with liberty as prayed for. Pending miscellaneous applications, if any, also stand disposed of.