M/S GUPTE CARDIAC CARE CENTRE AND HOSPITAL versus OLYMPIC PHARMA CARE PVT. LTD.

M/S GUPTE CARDIAC CARE CENTRE AND HOSPITAL versus OLYMPIC PHARMA CARE PVT. LTD.

Given both suits arise from the same transaction and substantial identity of parties and issues, consolidation avoids conflicting decrees and duplication; the later suit is transferred to the court where the first suit was instituted, following the rule of Section 10 CPC and expediency of justice under Section 25 CPC.

Parties
Petitioner: Gupte Cardiac Care Centre and Hospital; Respondent: Olympic Pharma Care Pvt. Ltd.
Jurisdiction
India
Judgment Date
06 April 2004
Procedural Posture
Transfer Petition (civil) / Disposition of Transfer Petitions
Outcome
Transfer Petition (C) No. 400 of 2003 is allowed. Transfer Petition (C) No. 248 of 2004 is dismissed.
Legal Topics
Transfer of Suit, Consolidated Trial
Civil Procedure Transfer of Suit Consolidated Trial

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Gupte Cardiac Care Centre and Hospital

Petitioner

Olympic Pharma Care Pvt. Ltd.

Respondent

Procedural Posture

Transfer Petition (civil) / Disposition of Transfer Petitions

Legal Issues

  1. 1 Whether two suits arising from the same transaction should be tried in one court by transfer
  2. 2 Which court should receive the transferred suit given the institution dates and procedural rules

Ratio Decidendi

Given both suits arise from the same transaction and substantial identity of parties and issues, consolidation avoids conflicting decrees and duplication; the later suit is transferred to the court where the first suit was instituted, following the rule of Section 10 CPC and expediency of justice under Section 25 CPC.

Court Disposition

Transfer Petition (C) No. 400 of 2003 is allowed. Transfer Petition (C) No. 248 of 2004 is dismissed.

Orders

  • Suit No. 190 of 2002 pending in the High Court of Delhi is transferred to the Court of Civil Judge S.D. Nashik at Nashik.
  • Both suits are to be consolidated for trial at Nashik.