Sikkim High Court

Tr.P.(C)/1/2023 of MR. CHANDRA LAL RAI AND ORS. Vs DISTRICT COLLECTOR (CALA), NAMCHI, SIKKIM AND ORS. on 18 May 2023

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COURT OF SIKKIM : GANGTOK (Civil Jurisdiction) DATED : 18th MAY, 2023 ------------------------------------------------------------------------------------------------------- SINGLE BENCH : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE

THE HIGH COURT OF SIKKIM : GANGTOK(Civil Jurisdiction)

DATED : 18[th] MAY, 2023

------------------------------------------------------------------------------------------------------- SINGLE BENCH : THE HON’BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE

------------------------------------------------------------------------------------------------------- Tr.P.(C) No. 01 of 2023

Petitioners :Mr. Chandra Lal Rai and Others

versus

Respondents :District Collector (CALA), Namchi, Sikkim and Others Transfer Petition under Sections 22, 23 and 24 of the Code of Civil Procedure, 1908.

----------------------------------------------------------------------------------------- Appearance Mr. Jorgay Namka, Senior Advocate with Mr. Simeon Subba, Advocate for the Petitioners.

Dr. Doma T. Bhutia, Additional Advocate General with Mr. Yadev Sharma, Government Advocate for the State-Respondent Nos.1 and 3.

Ms. Sangita Pradhan, Deputy Solicitor General of India for the Respondent No.2.

----------------------------------------------------------------------------------------- O R D E R (O R A L)

Meenakshi Madan Rai, J.

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1. The Petitioners seek transfer of Civil Appeal No.01 of 2022, from the Learned Commercial Court, at Gangtok, to the Learned Commercial Court, at Namchi.

2. Learned Senior Counsel for the Petitioners submits that, a similar matter was pending before the Court of the Learned Judge, Commercial Court, at Namchi. The instant matter arises from the same Award of the Learned Arbitrator. That, now the Learned Commercial Court, at Namchi, has disposed of the matter pending before it, however in the interest of justice and to avoid contradictory findings in different Courts on the same issue, the transfer is being sought.

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3. Learned Additional Advocate General for the State-Respondent Nos.1 and 3 and Learned Deputy Solicitor General of India for the Respondent No.2 have no objection to the Transfer Petition.

4. In consideration of the grounds put forth, Transfer of Civil Appeal No.01 of 2022, as sought, is permitted, from the Court of the Learned Principal District Judge (Commercial Court), at Gangtok, to the Court of the Learned Judge, Commercial Court, at Namchi.

5. Transfer Petition stands disposed of accordingly.

6. Copy of this Order be transmitted to the Court of the Learned Principal District Judge (Commercial Court), at Gangtok, and to the Court of the Learned Judge, Commercial Court, at Namchi, for information and compliance.

( Meenakshi Madan Rai )

Judge

18-05-2023

Approved for reporting : Yes

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