1 mca-25.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 25 OF 2011 Endurance Technologies Ltd., (erstwhile Endurance Technologies Pvt. Ltd.), K-228/229, MIDC Area, Waluj, Tq. Gangapur, District Aurangabad, Through : Its Dy. General Manager(Legal), & Company Secretary. ...APPLICANT VERSUS Advansys India Pvt. Ltd., Plot No.5-7, Raisoni Industrial Park, Hinjewadi Phase-II, Mann, Tq. Mulshi, Dist. Pune, Through : Its Managing Director. ...RESPONDENT ... Mr. Yugant R. Marlapalle, Advocate for applicant. ... CORAM: S.S. SHINDE, J. DATE : 16TH SEPTEMBER, 2011 ORAL JUDGMENT : . This Misc. Civil Application is filed with prayer to transfer the pending Special Civil Suit No.26 of 2010 from the file of the Court of the Civil Judge, Senior Division, Aurangabad to 2 mca-25.11 the file of the Court of the Civil Judge, Senior Division, Pune. 2. When this matter was heard on 05-05-2011, this Court was pleased to issue notice. In spite of notice, none appeared for the respondent. On 29-07-2011 this matter was heard by this Court and this Court issued Rule returnable on 22-08-2011. The applicant was directed to serve the respondent and file affidavit of service. In pursuant to the order dated 29-07-2011 the respondent has been served and affidavit of service has been placed on record. Again the matter was listed on 22-08-2011 and none appeared for the respondent. Again the matter was placed for hearing on 08-09-2011 and none appeared for the respondent. The matter was adjourned to 14-09-2011 and lastly on 15-09-2011. On all these dates, none appeared for the respondent. 3. Learned Counsel appearing for the applicant invited my attention to the written statement 3 mca-25.11 filed by the respondent herein, before the Civil Judge, Senior Division, Aurangabad which is placed on record alongwith this application at Exhibit-5 (Colly). He invited my attention to Para-2 of the said written statement and submitted that, the respondent raised objection that, the Civil Judge, Senior Division, Aurangabad has no jurisdiction to entertain the suit filed by the plaintiff and prayed that, the suit of the plaintiff is required to be dismissed. It is further submitted that, in order to avoid further delay, the applicant feel it necessary to get transferred the pending Special Civil Suit No.26 of 2010 from the file of the Court of the Civil Judge, Senior Division, Aurangabad to the file of the Court of the Civil Judge, Senior Division, Pune. 4. Upon hearing the Counsel appearing for the applicant and in view of Para-2 of the written statement on behalf of the defendant in Special Civil Suit No. 26 of 2010, in my opinion, it would be appropriate, in the interest of the plaintiff 4 mca-25.11 and the defendant, to transfer the pending Special Civil Suit No.26 of 2010 from the file of the Court of the Civil Judge, Senior Division, Aurangabad to the file of the Court of the Civil Judge, Senior Division, Pune. 5. Accordingly, the pending Special Civil Suit No.26 of 2010 from the file of the Court of the Civil Judge, Senior Division, Aurangabad stands transferred to the file of the Court of the Civil Judge, Senior Division, Pune. The Civil Judge, Senior Division, Aurangabad to take necessary steps within two weeks from today for sending the papers/documents in respect of Special Civil Suit No. 26 of 2010 to the Court of Civil Judge, Senior Division, Pune. . It is made clear that, this Court has not expressed any opinion about the merits of the matter and the order is passed without prejudice to the rights and contentions of the parties to argue and lead evidence in the matter on merits. 5 mca-25.11 6. Misc. Civil Application is allowed to the above extent and stands disposed of. Rule made absolute on the above terms. . Counsel appearing for the applicant submits that, already Court fee is paid in the Court of Civil Judge, Senior Division, Aurangabad. Therefore, Civil Judge, Senior Division, Pune to keep in mind that the applicant has already paid Court fees while instituting the Special Civil Suit No. 26 of 2010. sd/- [S.S. SHINDE, J.] sut/SEP11