M/S AGARWAL POLYSACKS LTD Vs. ADITYA SINGHVI

JUDGEMENT

(1.) In wake of onslaught of COVID-19, abundant caution is being taken while hearing the matters in Court.

(2.) Learned counsel for the petitioners submits that petitioners are seeking transfer of the proceedings on the ground that the petitioners suffer from a reasonable apprehension that they might not get justice from the Court in which the suit is pending. Learned counsel for the petitioners have submitted that the application challenging the jurisdiction of the Court concerned was filed along with another application under Section 151 CPC and the learned court below without deciding the jurisdiction as a preliminary issue, was determined to decide the issue raised in the application under Section 151 CPC as well as jurisdictional application together. Learned counsel for the petitioners further submits that it was submitted before the learned court below that such joint disposal of applications shall prejudice the case of the petitioners. Learned counsel for the petitioners has relied upon the precedent law laid down by the Hon'ble Apex Court in the matter of Kulwinder Kaur Alias Kulwinder Gurucharan Singh Vs. Kandi Friends Education Trust and Ors. reported in (2008) 3 Supreme Court Cases 659, relevant portion whereof reads as under:-

(3.) Learned counsel for the petitioners submits that both the courts below have brushed aside the issue of the petitioners in the presence of the petitioners in the Court and thus there is a bona-fide apprehension to the petitioners that there is likelihood of fair trial being not there and therefore, the transfer is necessary. Learned counsel for the petitioners submits that they are not seeking change of place but are merely seeking change of Court.