This is a transfer petition filed by M/s. B.D.A.Breweries & Distilleries
Ltd. for transfer of O.S.No. 400 of 1994 pending before the III Additional Judge,
City Civil Court, Secunderabad, to Delhi High Court.
On 4.1.2008, by an order passed in T.P.(C) No. 845 of 2006, this Court
had transferred several matters touching the respondents, M/s. Vinedale
Distilleries Ltd., to the Delhi High Court, with a request to the Hon'ble Chief
Justice to direct the same to be taken up by the same learned Judge hearing other
pending matters. We had also directed that in the event there were any pending
appeals arising out of the suits which had been transferred by the said order, the
same would also stand transferred and would be heard by the appropriate
Division Bench of the Delhi High Court. In addition, we had observed that in
order to avoid future confusion, any suit, which might be filed in future touching
upon the control and management of the company in question, should be filed
before the Delhi High Court which will decide the matter.
It may not be out of place to mention that out of three suits, namely,
O.S.No. 376/1994, 389/1994 and 400/1994, the first two suits have already
been
transferred to the Delhi High Court. This transfer petition is for transfer of the third suit to the Delhi High Court also.
Having heard learned counsel for the respective parties and having
regard to the earlier order passed on 4.1.2008, we direct that O.S.No. 400/1994,
pending in the Court of III Additional Judge, City Civil Court, Secunderabad, be
transferred to the Delhi High Court, with the request that the same be taken up
with the other matters expeditiously.
We have been informed by Mr. E.C.Agrawala, appearing for the
respondent, that despite our order of 4.1.2008, not much headway has been made
in the pending proceedings before the High Court. In fact, he has shown us an
order dated 7.7.2008, involving an I.A. for amendment of the plaint which
according to him has been made after fifteen years.
In view of the above, we request the High Court to ensure that no
unnecessary adjournments are allowed in these pending matters and even if it
becomes absolutely necessary for an interlocutory application to be made, the
same is to be disposed of at the earliest opportunity. This will also include
applications which have been made and are still pending. We also make it clear
that the disposal of these interlocutory applications should not come in the way
of early disposal of the suits.
Since we have been informed by Mr. E.C.Agrawala that
O.S.No.400/1994, which is being transferred, is at the stage of evidence, we would
further request the Delhi
High Court to take up the said suit from the said stage and dispose of the same
expeditiously in terms of this order.
Transfer petition is allowed. There will be no order as to costs.
(MARKAANDEY KATJU) New Delhi,
July 22, 2008.