IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 Tr.P(C).No. 313 of 2008() ------------------------- OS.52/2003 of SUB COURT,THODUPUZHA .................... PETITIONER/DEFENDANT: ---------------------------------------- GODAVARI LEASING AND FINANCE LTD., REPRESENTED BY ITS POWER OF ATTORNEY HOLDER.P.K.SHENOY S/O.P.R.K.SHENOY, WORKING AT GODAVARI LEASING AND FINANCE LTD., 214, PANAMPILLY NAGAR, KOCHI-682 036. BY ADV. MR.RUSSEL JOY RESPONDENT(S): PLAINTIFF: --------------------------------------------- M.M.BABY, S/O.MATHAI, MAPPILAKUDIYIL HOUSE, MACHIPLAVU KARA, MANNAMKANDAM VILLAGE, IDUKKI DISTRICT. THIS TRANSFER PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON I.A.NO.1252/2009 IN Tr.P(C) No.313/2008 Dismissed 23/06/2009 Sd/- S.S.Satheesachandran, Judge /True Copy/ P.S.to Judge Kss S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Tr.P.(C) No.313 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 23rd June, 2009 ORDER The petition is filed under Section 24 of the C.P.C. seeking a transfer of the suit, namely, O.S.No.52/03 pending on the file of the Sub Court, Thodupuzha to a Sub Court in Ernakulam. Petitioner is the defendant in the suit. Suit is one for settlement of accounts, declaration and injunction. From the facts and circumstances presented and also the submissions made, the trial of the suit filed as early 2003 had been delayed because the defendant had raised a contention that the court in which it was instituted lacked territorial jurisdiction. Ultimately, this court in C.R.P.No.606/05 by order dated 5.12.2007 settled the issue holding that the court in which the suit is pending has jurisdiction to entertain and try the suit. In the above order, probably on the submission made by the counsel for the petitioner, an observation is seen made that the decision entered in the revision will not preclude the defendant to move for transfer of the suit from Sub Court, Thodupuzha to Sub Court, Ernakulam. Pursuant thereto, the defendant has moved this application for transfer. Though notice was served, the respondent/plaintiff in the suit has not entered appearance. Petitioner/defendant has its office in Tr.P.C.No.313/08 - 2 - Ernakulam and no inconvenience will be caused to the respondent/plaintiff in transferring the suit to a Sub Court in Ernakulam are the submissions raised to allow the petition. Having regard to the fact that the suit had been instituted in 2003, I find, it may be inappropriate at this stage to transfer the suit from the Sub Court, Thodupuzha to Sub Court, Ernakulam as desired by the petitioner/defendant. It cannot also be stated that no inconvenience will be caused to the plaintiff in transferring the suit. The petition is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE