M/S. AVTAR SINGH & CO. PVT. LTD. versus M/S. S.S. ENTERPRISES AND ORS.

M/S. AVTAR SINGH & CO. PVT. LTD. versus M/S. S.S. ENTERPRISES AND ORS.

The suit pending in the Bombay High Court need not be transferred; instead, further proceedings in the Bombay suit are stayed until the suit before the Original Side of the Madras High Court is disposed. Contempt proceedings in Bombay proceed as per law. Status quo is confined to the rights of the petitioner under the agreement dated October 7, 1993.

Parties
Petitioner: M/S. Avtar Singh & Co. Pvt. Ltd.; Respondent: M/S. S.S. Enterprises; Respondent: Respondent No. 3; Impleading Party: Impleading party
Jurisdiction
India
Judgment Date
11 March 1996
Procedural Posture
Transfer Petition (civil) No. 658 of 1995 / Order
Outcome
Petition disposed of.
Legal Topics
Suit Transfer, Injunction, Contempt Proceedings
Civil Procedure Suit Transfer Injunction Contempt Proceedings

Case Brief

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Parties

M/S. Avtar Singh & Co. Pvt. Ltd.

Petitioner

M/S. S.S. Enterprises

Respondent

Respondent No. 3

Respondent

Impleading party

Impleading Party

Procedural Posture

Transfer Petition (civil) No. 658 of 1995 / Order

Legal Issues

  1. 1 Whether the suit pending in the Bombay High Court should be transferred to the Madras High Court to be tried along with Suit No. 1136 of 1995

Ratio Decidendi

The suit pending in the Bombay High Court need not be transferred; instead, further proceedings in the Bombay suit are stayed until the suit before the Original Side of the Madras High Court is disposed. Contempt proceedings in Bombay proceed as per law. Status quo is confined to the rights of the petitioner under the agreement dated October 7, 1993.

Court Disposition

Petition disposed of.

Orders

  • Proceedings in Bombay suit stayed till disposal of Madras suit.
  • Contempt proceedings in Bombay High Court to be dealt with in accordance with law.