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Supreme Court of India
Supreme Court Middle Income Group … vs Vidyasagar on 3 December, 2021Author: Abhay S. Oka
Bench: Abhay S. Oka
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s)(Civil) No.640 of 2019
SUPREME COURT MIDDLE INCOME GROUP LEGAL AID SOCIETY Petitioner(s)
VERSUS
VIDYASAGAR Respondent(s)
O R D E R
Heard the learned counsel appearing for the Petitioner.
The petitioner is the Supreme Court Middle Income Group Legal
Aid Society. The prayer in this petition under section 25 of the
Code of Civil Procedure, 1908 is for transfer of a Civil Suit filed
by the respondent against the petitioner in the court of the
Learned Single Judge, Senior Division, Ludhiana to Patiala House
Court, New Delhi. The Office report records that respondent has
been duly served. None has filed appearance for the respondent. On
20th May 2020, when this petition came up before this Court,
following order was passed:-
“Mr. Raju Ramachandran, learned senior counsel,
appearing on behalf of the petitioner-society,
submits that the respondent has filed the suit, the
transfer of which is asked for, before the Court of
Signature Not Verified
Civil Judge, Senior Division, Ludhiana, for refund
Digitally signed by
Indu Marwah
Date: 2021.12.09
19:02:01 IST
Reason: of three times of Rs. 8,500/- paid as legal fee
plus Court Fee of Rs. 225/- and litigation cost of
Rs. 5,000/- plus compound interest. His submission
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is that the sum of Rs. 8,500/- was deposited with
the Legal Aid Society in the year 2009 for
instituting a writ petition and subsequently
certain other cases were also filed on his behalf.
However, submission of Mr. Raju Ramachandran is
that the Society is inclined to refund the original
sum deposited but it would be extremely
inconvenient for members of the Society to defend
the suit in Ludhiana.
As the respondent is not before me, in my
opinion, some more time may be given to enable him
to put his appearance in this proceeding.
Let hearing of this petition stand adjourned
by a period of sixteen weeks.
The interim order passed on 15.4.2019 to
continue until further orders.”
Notwithstanding the grant of opportunity, the respondent has
not appeared and contested the petition. I have perused the
annexures to the petition including the plaint. My attention is
invited to paragraph 11 of the plaint in which the respondent
claims that the Court at Ludhiana has jurisdiction.
Considering the object for which the petitioner society has
been established, continuation of proceedings in the Court of
Ludhiana will cause prejudice to the petitioner which is the Legal
Aid Society established for providing the Legal Aid to the middle
income group. Therefore, a case is made out by passing an order of
transfer.
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The Transfer Petition is allowed.
C.S. No. 1184 of 2019, titled “ Vidyasagar vs. Supreme Court
Middle Income Group Legal Aid Society, pending before the court of
Civil Judge, Senior Division, Ludhiana,” shall be transferred to
the appropriate competent Court in the Patiala House Court, New
Delhi.
……………………………J.
[ABHAY S. OKA]
NEW DELHI;
DECEMBER 03, 2021
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