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2023 DIGILAW 807 (SC)

Fameco Engineering Contractors Pvt. Ltd. v. Premier Infraengineers Private Limited

2023-06-13

HIMA KOHLI, RAJESH BINDAL

body2023
ORDER : 1. The petitioners have filed the present petition praying inter alia for transferring Commercial Suit No.1 of 2021 instituted by the respondents against them from the Court of the Civil Judge, S.D. Panvel at Panvel District Raigad, Maharashtra to the Court of the Principal Subordinate Judge (Commercial Court), Kozhikode, Kerala on the ground that the respondents would not be prejudiced if the suit instituted by them against the petitioners is transferred to Kozhikode as they are already appearing in a commercial suit instituted by the petitioners at Kozhikode. 2. We are not inclined to accept the aforesaid submission. The commercial suit instituted by the petitioners against the respondents was subsequent in time and even otherwise, merely because the third respondent’s joint venture is situated at Malappuram District which is stated to be 21 kms. away from first petitioner’s registered office, cannot be a ground for transferring the suit instituted by the respondents against the petitioners. 3. The present petition is, accordingly, dismissed. 4. All pending applications, if any, stands disposed of.