S.B. CIVIL WRIT PETITION NO.6695/2005 Virendra Mal Bhandari Vs. Additional District Judge (FC), No.2, Bhilwara & Anr. Date of order : 16th July, 2008 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. M.S. Panwar for Mr. Sajjan Singh for the petitioner. --------- Learned counsel for the petitioner submits that similar writ petition filed by the petitioner has already been disposed by this Court i.e. S.B. Civil Writ Petition No.168/2007 – Virendra Mal Bhandar9i Vs. ADJ (FC) No.2, Bhilwara & Anr. on 11.1.2007. The operative part of the said judgment is as under:- “Of course, sub-section (3) of Section 446 has been deleted, but then even by virtue of sub-section (1), the suit cannot proceed except with the leave of the competent Court. In that view of the matter, may be that the suit need not be transferred, but ten the suit cannot proceed either, unless requisite permission is obtained. Learned counsel for the petitioner, in these circumstances, submitted that since the file has already been ordered to be transferred, he may be given liberty to move appropriate application before the Company Judge, and seek appropriate permission, as required by Section 446(1). I do not find anything objectionable in this Course. The writ petition is, accordingly, disposed of granting the petitioner aforesaid liberty.” The present writ petition being similar to the same is also disposed of in the same terms. [ DR. VINEET KOTHARI ], J. item No.9 babulal/-