TA No. 396 of 2010 [ 1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 11.10.2010 (1) Transfer Application No. 396 of 2010 (O&M) M/s A. B. Sugars Ltd. .. Applicant v. M/s Spray Engineering Devices Limited .. Respondent (2) Transfer Application No. 397 of 2010 (O&M) M/s A. B. Sugars Ltd. .. Applicant v. M/s SED Engineers & Fabricators Private Limited .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Sudhanshu Makkar, Advocate for the applicant. Mr. Jagmohan Bansal, Advocate for the respondents. ... Rajesh Bindal J. Prayer in the applications is for transfer of the suits filed by the respondents against the applicant. Learned counsel for the applicant submitted that on account of defects in the machinery supplied by the respondent- M/s Spray Engineering Devices Limited, which is a sister concern of M/s SED Engineers & Fabricators Private Limited, the applicant had filed a civil suit at Dasuya for mandatory injunction on 13.8.2009. It was thereafter that the respondents in both the applications filed two suits at Chandigarh for recovery of the amount for the machinery supplied. As the suit filed by the applicant was prior in time, the subsequent suits, which have relations with the suit initially filed should be transferred to Dasuya or the proceedings therein be stayed. On the other hand, learned counsel for the respondents submitted that there is no ground for transfer of the suit. The applicant had filed a suit for TA No. 396 of 2010 [ 2] mandatory injunction seeking a direction against the respondent to rectify the system installed in the factory of the applicant which, in fact, is working efficiently in terms of the conditions of supply. The civil suit was filed by the applicant only with a view to avoid huge payment due from him. The respondents had not filed the suits initially as they did not want to raise the dispute, as the applicant had been promising the payment of balance amount. There is no ground to transfer the suits filed by the respondents. However, still in case this court feels that the suits filed by the parties should be tried together, let the suit filed by the applicant at Dasuya be transferred to Chandigarh. After hearing learned counsels for the parties and considering the totality of circumstances, as have been enumerated above, in my opinion, the relief claimed by the applicant in the suit filed at Dasuya and the two suits filed by the respondents against the applicant do have co-relation. It would be in the interest of justice if these cases are tried together by one court. Further, in my opinion, it would also be in the interest of justice to transfer the suits filed by the respondents at Chandigarh along with the suit filed by the applicant at Dasuya against M/s Spray Engineering Devices Limited to a common place, namely, Nawanshahr. The parties to the suit are directed to appear before Civil Judge (Senior Division), Nawanshahr for further proceedings in the aforesaid three suits on 13.11.2010. The Civil Judge (Senior Division), Nawanshar may either keep the suits with him or entrust the same to any other court. The applications stand disposed of accordingly. (Rajesh Bindal) Judge 11.10.2010 mk