Despite service of notice, nobody appears for the respondents.
Keeping in view the facts and circumstances of this case, we allow this
transfer petition, directing that CR 18 OF 2004, titled as Biku Sarma vs. Varsha
Kochar, pending before the Court of S.D.J.M., Margherita, Assam State, be
transferred to the Court of competent jurisdiction at Mumbai.
Let the records of the case be transferred to the Chief Metropolitan
Magistrate, Mumbai, who may try the case himself or may assign the same to a Court
of competent jurisdiction.
The transferee Court shall issue notice to both the parties after fixing a date
of hearing.
However, as the respondents hail from State of Assam, we request the
transferee Court to fix a specific date of hearing so that the respondents may remain
present on that date with their witnesses.
It is made clear that on the date so fixed by the transferee Court, when the
respondents are present along with their witnesses, the petitioner shall not take any
adjournment.
The transfer petition is allowed accordingly.
(S.B. SINHA)