HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA TR.C.M.P. Nos. 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770 and 771 of 2011 DATED 21ST DECEMBER, 2011 HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA TR.C.M.P. Nos. 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770 and 771 of 2011. COMMON ORDER: These Transfer Civil Miscellaneous Petitions can be disposed of by this common order as the subject matter of these petitions is one and the same. It appears that the first respondent-chit fund company filed several suits against the defaulters in its chit transactions, some whom are petitioners on the file of the learned VII Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, for recovery of amounts due and payable to it. The petitioners herein filed these Transfer Civil Miscellaneous Petitions seeking transfer of the suits filed by the first respondent-chit fund company and pending on the file of the learned VII Additional Senior Civil Judge, Ranga Reddy District at L.B.Nagar, to the Court of the learned I Additional Chief Judge, City Civil Courts at Secunderabad. The only submission made by the learned Counsel for the petitioners is that the first respondent- chit fund company filed various similar suits in the Courts at Ranga Reddy District and also at Secunderabad against its defaults for recovery of moneys due and payable to it and that in the interest of justice and to avoid conflicting of judgments, it is just, proper and necessary to transfer the suits filed by the first respondent-chit fund company in the Court at Ranga Reddy District to the Court at Secunderabad. Perused the case file. It is relevant to note that although the discretionary power of transfer of cases cannot be imprisoned within a straightjacket of any cast-iron formula unanimously applicable to all situations, it cannot be gainsaid that the power to transfer a case must be exercised within due care, caution and circumspection. The first respondent, being a chit fund company, had filed various suits against the defaulters in respect of their chit transactions with it, who are the petitioners herein, in the Courts having jurisdiction to deal with the same. On that premise, the petitioners cannot be permitted to seek transfer of various suits instituted against different defaulters in the chit transactions before the Court at Ranga Reddy District to the Court at Secunderabad in order to avoid conflicting decisions, if any, to be rendered in these suits by the said Courts. If such a ground is allowed to be agitated, perhaps suits being instituted by the first respondent-chit fund company against the different defaulters in their chit transactions with it, may require to be transferred from different Courts to one Court on the said ground. Therefore, such a contention cannot be countenanced. Except the above, there is no other ground urged before this Court in these petitions. Further, even on merits, as can be seen from the record placed before this Court, the evidence that may be led by the parties to the subject suits may vary from suit to suit and therefore it is not correct to say that conflicting decisions would be rendered by the said Courts. Needless to state, each decision would be rendered based on the facts obtaining therein and evidence adduced in that particular suit by the respective parties albeit the subject matters pertain to the alleged chit transactions. Merely because the first respondent is one and the same in all these petitions, which instituted several suits against the defaulters in their chit transactions with it, some of whom are the petitioners herein, it cannot be a valid ground to seek transfer of different suits filed before the jurisdictional Courts to the Court at Secunderabad. Viewed from any angle, I do not find any reason, much less a legitimate and valid reason, to consider the prayer of the petitioners herein. For the foregoing reasons, these Transfer Civil Miscellaneous Petitions are liable to be dismissed, which are accordingly dismissed at the admission stage. There shall be no order as to costs. -------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated 21ST DECEMBER, 2011. Msnro