RABO BANK Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This praecipe has been filed requesting this Court not to transfer the commercial summary suit from this Court to the Bombay City Civil Court and using its inherent powers under Sec. 24 of the Code of Civil Procedure, 1908 ("CPC") proceed with the final hearing of the captioned suit.

(2.) Mr. Narichania, learned Senior Counsel appears for the Plaintiff and would firstly submit that the captioned suit is at the stage of final hearing and has already been fully heard once by an earlier bench of this Court before it was made de-part heard. Learned Senior Counsel would submit that pursuant to the notice dtd. 22/1/2024, issued by the office of the Prothonotary and Senior Master of this Court and pursuant to invitation to raise objections relating to the transfer of matters to the Bombay City Civil Court, the Plaintiff has filed praecipe dated 29th and 30/1/2024, objecting to the transfer of the said suit on the following grounds:-

(3.) Mr. Narichania, learned Senior Counsel would submit that since the Prothonotary and Senior Master has refused to entertain the request not to transfer the captioned suit, this praecipe has been moved before this Court.