Bombay High Court

WILO MATHER AND PLATT PUMPS PRIVATE LIMITEDversusFORBES AND COMPANY LIMITED

Decided: 22 June 2026
Disposal: Allowed
Bench: JITENDRA SHANTILAL JAIN

Holding

The application is allowed; the suit is transferred and tagged with the earlier suit.

Summary

The applicants filed a miscellaneous civil application seeking transfer of Commercial Suit No. 169 of 2024, pending before the City Civil Court, to the Bombay High Court and to tag it with Commercial Suit No. 232 of 2016, already pending before the High Court. Both parties consented that the subject matter of the two suits is identical and that consolidation would serve the interest of justice. The Court examined its power under Section 24 read with Section 151 of the Civil Procedure Code, 1908, and found no objection from the respondent. Accordingly, the Court ordered the transfer of the suit from the City Civil Court and its renumbering to be tagged with the earlier suit. The application was allowed, and the registry directions were issued for the transfer and tagging.

Issues considered

Whether the High Court can transfer a suit pending before a City Civil Court and tag it with another suit pending before the High Court under Section 24 and Section 151 of the CPC, 1908.

Legislation cited

Code of Civil Procedure, 1908 — s. 151, 24

Subjects

transfer of suit
civil procedure
jurisdiction
tagging of suits
interest of justice

Judgment

HMK 01. MCA-23-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

MISCELLANEOUS CIVIL APPLICATION NO. 23 OF 2026

WILO Mather And Platt Pumps Private Limited & Anr. ….Applicants

Versus

Forbes And Company Limited .…Respondent
__________________________________________________________________

Mr. Aditya Chavan a/w. Ms. Drishti Bhatia i/by Vaish Associates for the
Applicants.
Mr. Ajit Hon a/w. Mr. Atharva Deshmukh i/by PNP & Associates for the
Respondent.
__________________________________________________________________

CORAM : JITENDRA JAIN, J.
[
DATED : 22nd JUNE 2026

P. C. :

1. This application is filed by the applicants seeking transfer of
Commercial Suit No. 169 of 2024 pending before the City Civil Court and
tag the same with Commercial Suit No. 232 of 2016, which is pending
before this Court.

2. Both the learned counsel for the applicants and respondent agrees
that the subject matter of both the Suits are same and, therefore, in the
interest of justice, it is better that both the Suits be heard by this Court.
Since, there is no objection by the respondent for transfer of the Suit from
the City Civil Court to this Court and the subject matter being same, the
application is allowed in terms of prayer clause (a), which reads as under :-

a) this Hon’ble be pleased to, in exercise of its power under Section
24 read with Section 151 of the Civil Procedure Code, 1908,
transfer the Applicant’s Commercial Suit being Commercial Suit No.

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HMK 01. MCA-23-2026.doc

169 of 2024 pending before the Hon’ble City Civil Court, to this
Hon’ble Court and tag it along with the Respondent’s Commercial
Suit being Commercial Suit No. 232 of 2016 pending before this
Hon’ble High Court;

3. The Registry of the City Civil Court is requested to transfer the Suit
No. 169 of 2024 to this Court and the Registry of this Court is requested to
renumber the same and tag it with Commercial Suit No. 232 of 2016,
which is pending before this Court.

4. Miscellaneous Civil Application is allowed.

[ JITENDRA JAIN, J. ]

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