How to transfer the case from mumbai to calcutta?
K.K.Ganguly
(Querist) 20 November 2011
This query is : Resolved
Ld. Experts please advise.
One big Company having H.O. at Mumbai suspended its two employees atCalcutta and started one sided mock enquiry. Finding that the Enquiry Officer is heavily tilted, the employees discontinued to attend the enquiry and approached a law firm. The said law firm,being advised by one sr.lawyer, filed suit at Mumbai City Civil Court with prayer for injunction. The hearing
has not yet started.
My question is
(1) Can the case now been transferred to Kolkata?
(2) If yes, under which law and what is the procedure?
Kindly give your valuable opinion.
Thanks in advance.
ajay sethi
(Expert) 20 November 2011
if the employees had been posted in kolkata , order was suspension was passed in kolkata, enquiry was helld in kolkata you can in your reply raise issue of jurisdcition .
what part of cuase of action has arisen in Mumbai?
what injunction reliefs have been prayed for?
K.K.Ganguly
(Querist) 20 November 2011
It was a blunder to file suit at Mumbai praying for injunction for withdrawal of suspension till the suit is disposed.
The employees now can not bear the expenses to carry the advocates to Mumbai regularly. Can the case now be transferred to Calcutta? If yes, how to do that & what is the procedure?
Please advise.
M/s. Y-not legal services
(Expert) 20 November 2011
First you have to confirm one thing, that whether the appointment order include any litigation jurisdiction or not? If any clauses like litigation will be under bombay jurisdiction mean you can't challenge it..
M/s. Y-not legal services
(Expert) 20 November 2011
If there is no clauses about litigation jurisdiction mean you can transfer the case to any one combident court under your high court jurisdiction. Usually transfer with in your state mean you can file a transfer application before your high court. But your case between two states. So you have to approach our honourable supreme court of india.
K.K.Ganguly
(Querist) 20 November 2011
No such litigation clause was their in the appointment letter. We could have easily filed the suit at Kolkata which we blundered in not doing. My question is that once having filed the suit at Mumbai by ourselves, how can it now be shifted to Kolkata.
Kiran Kumar
(Expert) 20 November 2011
the matter could have been filed at Kolkata...its not a case that Mumbai courts dont have jurisdiction over the matter as the company is having HQ here...but when we have already chosen a particular forum of which jurisdiction is not barred then it will be a bit difficult to seek transfer from Mumbai to Kolkata.
if some ground is found like harassment or fear of death etc. (with proper evidence) then may seek transfer to Kolkata...but the petition is needed to be filed before Hon'ble SC only.
M/s. Y-not legal services
(Expert) 20 November 2011
For your kind information , since you are the plaintiff you can't file the transfer application. Better you can withdraw your suit with liberty to file a fresh suit And file it with your jurisdiction..
Guest
(Expert) 20 November 2011
agree with Mr. Tom and welcome back Tom How are you?
Advocate M.Bhadra
(Expert) 20 November 2011
You can approach to the Disrtict Court or High Court u/sec.24 CPC, failing which you can move u/sec.25 CPC to the Hon'ble Suprerme Court for transfer the suit from Mumbai to Kolkata.
ajay sethi
(Expert) 20 November 2011
1[25. Power of Supreme Court to transfer suits, etc.
(1) On the application of a party, and after notice to the parties, and after hearing such of them as desire to be heard, the Supreme Court may, at any stage, if satisfied that an order under this section is expedient for the ends of justice, direct that any suit, appeal or other proceeding be transferred from a High Court or other Civil Court in one State to a High Court or other Civil Court in any other State.
(2) Every application under this section shall be made by a motion which shall be supported by an affidavit.
(3) The Court to which such suit, appeal or other proceeding is transferred shall, subject to any special directions in the order of transfer, either retry it or proceed from the stage at which it was transferred to it
Devajyoti Barman
(Expert) 20 November 2011
Yes since the respective states are different filing Transfer Application u/s 25 of CPC is the only option.
prabhakar singh
(Expert) 21 November 2011
yes, i do agree experts query reply
M V Gupta
(Expert) 21 November 2011
I feel Mr. Tom's suggestion to withdraw the suit with liberty to file the suit in Kolkata where all causes of action have arisen is worth considering by the querist. It is a pity that the Lawyers Firm which was consulted by the querist did not consider the hardship which will be faced by the querist if the suit is filed at MUmbai.
M/s. Y-not legal services
(Expert) 21 November 2011
What you mean gupta sir. . Be frank.. I can't understand that what you are commenting about me.
prabhakar singh
(Expert) 22 November 2011
Mr. Gupta has praised your approach to the problem Mr. Tom.
