M/S BIHAR STATE FOOD AND SUPPLIES CORPORATION LTD.versusM/S GODREJ SOAPS PVT. LTD. AND ORS.

A    M/S BIHAR STATE FOOD AND SUPPLIES CORPORATION LTD.
                                           v.
                  M/S GODREJ SOAPS PVT. LTD. AND ORS.

                                DECEMBER 2, 1996

B                [K. RAMASWAMY AND G.T. NANA VAT!, JJ.]

           Code of Civil Procedure, 1908 :

        Sectio11 2!r-Suit-Tramfer of-Sllit pending before Subordinate Jlldge,
C Patna-Pumtant to Supreme Cowt dimction suit ordemd to be transfen~d
  and tlied with another suit pendi11g before original side of Bombay High
   Cowt-Suit pending before High Coim decreed against which appeal was
  pendin15171ereafter application filed by appellant that the sllit already tra11s-
  fe1Ted be transfen-ed to Subordinate Judge Patna-Groimd that the order
  passed by Supreme Cowt forjoi11t trial had Olltlived its pwpose-Held, having
D regard to the facts and•circumstances and the nature of the disputes between
    the sanie pa1ties in both the suits, instead of retransfening suit to the Coiut
  of Subordinate Judge, Patna, the Judge on the original side of the Bombay
  High Cowt sholtld frame 11ecessa1y issltes within six weeks from the date of
  the receipt of this order~ie should t1y the suit on day to day basis withi11
E four weeks from the date of the framing of issues.
          CIVIL ORIGINAL .:URISDICTION : Transfer Petition (C) No. 458
    of 1995.

           (Under Section 25 of the Code of Civil Procedure).
F
           P.P. Rao, T. Dayal and R. Mukherjee for the Petitioner.

          Soli J. Sorabjee, D.A. Dave, Ravinder Narain, Ms. Nisha Bagachi,
    Rajan Narain, M. Vasudev, B.B. Singh, Pratap Venugopal and K.J. John
    for the Respondents.
G
          The following Order of the Court was delivered :

           Having heard the learned counsel on both sides, we think that instead
    of transferring the. suit, the following course would meet the ends of justice.

H         The Civil Suit No. 336/79 pending on the file of the Subordinate
                                     416
      B!HAR STA";EFOOD AND SUPPLIES CORPN. LTD.'· GODREJ SOAPS PVf. LTD.   417
Judge, Patna was transferred by an order of this Court dated February 15,        A
1988 to be tried along with Suit No. 1028/78 pending on the original side
of the Bombay High Court. It is now not in dispute that though Suit No.
1028/78 was posted along with transferred suit which was numbered as Suit
No. 398/89, and they were adjourned for some time, the evidence was
adduced in Suit No. 1028/78 and it was decreed by the learned single Judge.
                                                                                 B
An appeal came to be filed and we are informed that the appeal is pending
disposal.

       It would appear that UCO Bank has also filed an appeal and that
is also pending. After the disposal of Suit No. 1028178, now the appellants
have filed this application for transfer of Suit No. 298/89 to the file of the   c
Subordinate Judge, Patna for trial on the ground that the order passed by
this Court for joint trial had out lived its purpose and Suit No. 398/89
requires to be tried on issues which are not covered in Suit No. 1028/78.
Having regard to the facts and circumstances and the nature of the disputes
between the same parties in both the suits, instead of retransferring Suit
No. 398/89 to the Court of Subordinate Judge, Patna, the learned Judge on        D
the original side is requested to frame necessary issues in Suit No. 398/89
within six weeks from the date of the receipt of this order. If the relevant
documents have already been filed or any additional documents are re-
quired, the same may be filed within two weeks thereafter. The learned
Judge is requested to post the suit and try the suit on day to day basis         E
within four weeks from the date of the framing of issues. The learned trial
Judge is requested, after recording the entire evidence to be adduced by
the parties, as stated earlier, on day-to-day basis, to transmit the entire
evidence and the record of the suit to the Division Bench for consideration
along with the Appeal Nos. 20 and 120/95 for disposal so that conflict of
decisions could be avoided. The matter can be disposed of expeditiously.
                                                                                 F
Liberty is given to make the request before the Division Bench after the
receipt of the record to adduce evidence in the suits for early disposal
thereof.

      The Transfer Petition is accordingly disposed of.
                                                                                 G
T.N.A.                                                   Petition disposed of.