MCA/804/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION - FOR TRANSFER No. 804 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge? ========================================================= SHRIRAM CEMENT LTD THROUGH MANAGING DIRECTOR - Applicant(s) Versus GUJARAT MINERAL DEVELOPMENT CORPORATION THROUGH - Opponent(s) ========================================================= Appearance : MR ASIM PANDYA FOR HL PATEL ADVOCATES for Applicant(s) : 1, MR KM PATEL for Opponent(s) : 1, MR.VARUN K.PATEL for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 28/08/2008 ORAL JUDGMENT 1. Leave to amend amending the prayer clause in terms of para 6(aa) to transfer Civil Suit No.2543 of MCA/804/2008 2/3 JUDGMENT 2007 pending in the City Civil Court, Ahemdabad to Fast Track Court, Palanpur and to be heard with Civil Suit No.01 of 2007 filed by the respondent herein. 2. Mr.Asim Pandya, learned Advocate for the applicant / petitioner has submitted that in view of the prayer in terms of para 6(aa), the prayer in terms of para 6(a) cannot be granted as same would be self contradictory. Therefore, it is requested to transfer the Suit pending in the City Civil Ahmedabad to Court at Palanpur where with respect to very subject contract, suit is filed by the respondent being Civil Suit No.1 of 2007. 3. Mr.Varun Patel, learned Advocate appearing on behalf of the respondent has submitted that in view of the fact that controversy in both the Suits would be with respect to same subject contract, respondents would not have any much objection if the Suit pending in the City Civil Court, Ahmedabad is transferred to Court at Palanpur where the Suit filed by the respondent is pending. Even otherwise, this Court is of the firm opinion that looking to the controversy in both the suits with respect to the MCA/804/2008 3/3 JUDGMENT same contract and to avoid further conflicting and contradictory orders by two different Courts, it will be appropriate that both the Suits be heard together by one Court. 4. Under the circumstances, present application is allowed. It is hereby ordered to transfer Civil Suit No.2543 of 2007 pending in the Court of learned City Civil Court, Ahmedabad filed by the petitioner to the District Court, Palanpur, to be heard with Civil Suit No.1 of 2007 (Special Suit No.1 of 2007) filed by the respondent herein. It is also further directed that both the aforesaid both suits be heard and tried together by one Court so as to avoid any conflicting and contrary orders. Rule is made absolute to the aforesaid extent. No order as to costs. [M.R.Shah,J.] satish