IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Tr.P(C).No. 166 of 2010() ------------------------- OS.351/2009 of II ADDL.SUB COURT,ERNAKULAM .................... PETITIONERS/CLAIM PETITIONERS IN THE SUIT: ------------------------------ 1. M/S.GREEN CITY HERITAGE PRIVATE LIMITED, C-21,SURSAGAR TOWER, NR.SATTADHAR SOCIETY, GHATLODIYA, AHAMEDABAD-380063,REPRESENTED BY ITS DIRECTOR, ASHWIN LAXMAN PATEL. 2. SANTHUBHAI RAVJIBHAI PATEL AGED 47 YEARS S/O.SRI.RAVJI BHAI PATEL, DIRECTOR, M/S.GREEN CITY HERITAGE PRIVATE LIMITED, FLAT NO.B-308,SHREE BALAJI CHS, PLOT NO.19/4, SECTOR-20,KHARGHAR, NAVI MUMBAI-410210. 3. ASHWIN LAXMAN PATEL AGED 28 YEARS, S/O.LAXMAN PATEL, DIRECTOR, M/S.GREEN CITY HERITAGE PRIVATE LIMITED, FLAT NO.504,AVANESH APARTMENT, PLOT NO.225,SECTOR- 13,KHARGHAR, NAVI MUMBAI-410210. BY ADV. SRI.D.KISHORE RESPONDENT(S)/PLAINTIFF & DEFENDANTS 1 TO 5: --------------- 1. LEELAMMA GEORGE, AGED 60 YEARS,W/O.V.J.G EORGE, VILANGATTIL, "DEW DROPS",ELENJIPARA, CHALAKUDY,, THRISUUR DISTRICT. 2. M/S.BUSINESS INDIA GROUP, P.B.NO.2722.NO.62,GCDA COMPLEX,MARINE DRIVE, KOCHI-31,REPRESENTED BY ITS MANAGING DIRECTOR, N.G.SAMUEL. 3. M/S.BUSINESS INDIA BUILDERS & DEVELOPERS LTD,P.B.NO.2722,NO-62,GCDA COMPLEX, MARINE DIRIVE, KOCHI-31REPRESENTED BY ITS MANAGING DIRECTOR, \ N.G.SAMUEL. Tr.P(C) NO.166/2010 2 4. MR.N.G.SAMUEL, MANAGING DIRECTOR, M/S.BUSINESS INDIA BUILDERS & DEVELOPERS LTED,P.B.NO.2722,NO.62.,GCDA COMPLEX, MARINE DRIVE,KOCHI-31. 5. M/S.BUSINESS INDIA SHARES AND INSURANCE SERVICES LIMITED, P.B.NO.2722,NO.62,GCDA COMPLEX., MARINE DRIVE, KOCHI-31,REPRESENTED BY ITS DIRECTORS K.P.SASI. 6. K.P.SASI,DIRECTOR, M/S.BUSINESS INIDA SHARES AND INSURANCE SERVICES LIMITED,P.B.NO.2722,NO.62,GCDA COMPLEX, MARINE DRIVE, KOCHI-31. THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2010, ALONG WITH Tr.P(C) NOS. 167 OF 2010 , 168 OF 2010 AND 169 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Tr.P.(C) Nos.166, 167, 168 and 169 of 2010 -------------------------------------- Dated this the 19th day of August, 2010. ORDER Heard counsel on both sides. 2. These petitions are for transfer of O.S.Nos.351 of 2009, 353 of 2009, 349 of 2009 and 292 of 2009 respectively from the court of learned Additional Sub Judge-II, Ernakulam to the court of Principal Sub Judge, Ernakulam. Altogether there are eight cases filed by respondent No.1/plaintiff, common in all the cases for recovery of money from respondent No.2 onwards. Certain properties have been attached in the cases. Petitioners before me have filed claim petitions in all the cases claiming right over the property attached. Four of the eight cases are pending in the court of learned Principal Sub Judge, Ernakulam. Petitioners want the above referred cases pending in the court of learned Additional Sub Judge-II to be transferred to the court of Principal Sub Judge, Ernakulam so that the claim petitions could be tried and disposed of together without inviting divergent findings. Tr.P.(C) Nos.166, 167, 168 & 169/2010 2 3. These petitions are not opposed by the respondents. Having regard to the fact that the claim made by petitioners in all the cases is the same and four of the cases are pending in the court of learned Principal Sub Judge, Ernakulam I am inclined to allow these petitions. But the issue regarding joint trial of the suits is left to the decision of the transferee court. Resultantly these petitions are allowed in the following lines: i. O.S.Nos.292 of 2009, 349 of 2009, 351 of 2009 and 353 of 2009 of the court of learned Additional Sub Judge-II, Ernakulam are withdrawn from that court and made over to the court of learned Principal Sub Judge, Ernakulam for trial and disposal. ii. The transferor court shall, while transmitting records of the cases to the transferee court fix date for appearance of parties in the transferee court with due intimation to the counsel on both sides. iii. Issue whether these suits are to be tried jointly with the cases pending in the court of learned Principal Sub Judge, Ernakulam shall be decided by that court after hearing counsel on both sides. Tr.P.(C) Nos.166, 167, 168 & 169/2010 3 I.A.No.1321 of 2010 in Tr.P.(C) No.166 of 2010, I.A.No.1322 of 2010 in Tr.P.(C) No.167 of 2010, I.A.No.1323 of 2010 in Tr.P.(C) No.168 of 2010 and I.A.No.1324 of 2010 in Tr.P.(C) No.169 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks