SANKARSHAN PVT LTD Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) GA No. 1646 of 2010 is an application for vacating an ad interim order made on a petition under Clause 13 of the Letters Patent staying further proceedings in the City Civil Court suit.

(2.) The Petitioner in the Clause 13 proceedings claims to be the landlord in respect of premises No. 1, Bidhan Sarani. According to the Petitioner, it has filed a suit in this Court on February 15, 2010 relating to a portion of the premises where the Respondent bank is a tenant or otherwise an occupant. It is the Petitioner's case that the, tenant agreed to make over a portion of the premises to the Petitioner by a writing but subsequently failed to deliver possession thereof. It is the Petitioner's further case that substantial sums in excess of Rs. 10 lakh remain due and owing from the Respondent. The Petitioner says that it was after the institution of the suit in this Court (CS No. 321 of 2010) that the Petitioner was served a copy of an interlocutory application moved by the Respondent here in Title Suit No. 531 of 2010 which the Respondent instituted in the City Civil Court for a declaration as to its tenancy and ancillary reliefs. The Petitioner says that such notice was received in or about the beginning of March, 2010 and the present petition for transfer of the City Civil Court proceedings to this Court was instituted on March 16, 2010.

(3.) The Respondent to the Clause 13 proceedings has invoked Section 10 of the Code of Civil Procedure by applying to this Court to stay CS No. 321 of 2010 on the ground that the suit instituted in the City Civil Court was prior in point of time. Implicit in the invocation of Section 10 and the making of the application (GA No. 1617 of 2010) is the Respondent's acknowledgment or, at least a claim, that the matters in issue in the High Court suit are similar to the matters which are directly and substantially in issue in the City Civil Court suit.