M/S BIHAR STATE FOOD AND SUPPLIES CORPORATION LTD. versus M/S GODREJ SOAPS PVT. LTD. AND ORS.

M/S BIHAR STATE FOOD AND SUPPLIES CORPORATION LTD. versus M/S GODREJ SOAPS PVT. LTD. AND ORS.

Given the same parties and the nature of disputes in both suits, instead of retransferring Suit No. 398/89, the Judge on the original side of Bombay High Court is requested to frame necessary issues, try the suit on day-to-day basis, and transmit evidence and records to Division Bench for consideration with pending appeals to avoid conflicting decisions.

Parties
Petitioner: M/S Bihar State Food and Supplies Corporation Ltd.; Respondent: M/S Godrej Soaps Pvt. Ltd.
Jurisdiction
India
Judgment Date
02 December 1996
Procedural Posture
Transfer Petition (civil) No. 458 of 1995; Civil Original Jurisdiction / Disposal Order
Outcome
Transfer Petition disposed of.
Legal Topics
Suit Transfer, Joint Trial, Court Administration
Civil Procedure Suit Transfer Joint Trial Court Administration

Case Brief

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Parties

M/S Bihar State Food and Supplies Corporation Ltd.

Petitioner

M/S Godrej Soaps Pvt. Ltd.

Respondent

Procedural Posture

Transfer Petition (civil) No. 458 of 1995; Civil Original Jurisdiction / Disposal Order

Legal Issues

  1. 1 Whether Suit No. 398/89 should be retransferred to Subordinate Judge, Patna after joint trial order; Whether the joint trial order has outlived its purpose and if the suit requires trial on separate issues

Ratio Decidendi

Given the same parties and the nature of disputes in both suits, instead of retransferring Suit No. 398/89, the Judge on the original side of Bombay High Court is requested to frame necessary issues, try the suit on day-to-day basis, and transmit evidence and records to Division Bench for consideration with pending appeals to avoid conflicting decisions.

Court Disposition

Transfer Petition disposed of.

Orders

  • Judge on original side of Bombay High Court to frame issues in Suit No. 398/89 within six weeks of receipt of order.
  • Relevant/additional documents to be filed within two weeks thereafter.