HONOURABLE SRI JUSTICE P.NAVEEN RAO
&
HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA
TRANSFER CIVIL MISCELLANEOUS PETITION NO.516 OF 2012
Date: 14.03.2023
Between:
Satyam Computer Services Limited,
A Public Limited Company,
Regd. under the Companies Act, 1956
having its Regd.Office at Mahindra Satyam
Infocity, Unit 12, Plot 35/36, Hi-Tech City
Layout, Survey No.64, Madhapur,
Hyderabad, rep.by its Authorized Officer,
Santosh Nair, Assistant Vice President.
..... Petitioner
and
M/s,.Price Waterhouse,
a Partnership firm registered with the
Institute of Chartered Accountants of India
bearing Registration No.007568S
having its Branch Office at 8-2-293/A/1131A,
Road No.36, Jubilee Hills, Hyderabad
and Head Office at the Millennia, 5th Floor,
Tower D, 1 and 2 Murphy Road,
Ulsoor, Bangalore, through its duly authorized
Partner Mr. N.K.Varadarajan, s/o.A.N.Krishnan,
Aged 44 years, R/o. Hyderabad and others.
.....Respondents
The Court made the following:
PNR,J & NBK,J Tr.CMP .No.516 of 2012 2 HONOURABLE SRI JUSTICE P.NAVEEN RAO & HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA TRANSFER CIVIL MISCELLANEOUS PETITION NO.516 OF 2012 ORDER: (per Hon'ble Sri Justice P.Naveen Rao) Heard learned senior counsel Sri K.Vivek Reddy for the petitioner and the learned counsel Sri Sunil B.Ganu for respondent No.1.
2. Satyam Computer Services Limited (SCSL) instituted O.S.No.446 of 2012 in the Court of III Additional Chief Judge, City Civil Court at Hyderabad, praying to direct the defendants 1 to 128 to pay to the plaintiff jointly and severally damages, including the sum of 275,84,79,865/-; to direct the defendant nos.1 to 128 to pay interest @ 18% per annum on the said amount from the date of the suit till the date of realization; to direct defendant nos.1 to 128 to pay exemplary and punitive damages; and to grant costs of the suit including all expenses and court fee.
3. M/s.Price Waterhouse is 15th defendant in O.S.No.446 of 2012. The 15th defendant in O.S.No.446 of 2012 filed O.S.No.43 of 2012 in the Court of Principal District Judge, Ranga Reddy District at L.B.Nagar praying to grant judgment and decree for a minimum sum of 100 crores together with interest @ 18% per annum PNR,J & NBK,J Tr.CMP .No.516 of 2012 3 from the date of the judgment and decree till the payment or realization. The plaintiff in O.S.No.446 is first defendant in O.S.No.43 of 2012.
4. Plaintiff in O.S.No.446 of 2012 filed Tr.CMP No.516 of 2012 praying this Court to withdraw O.S.No.43 of 2012 on the file of Principal District Judge, Ranga Reddy District at L.B.Nagar and transfer the suit to the Court of III Additional Chief Judge, City Civil Court, Hyderabad.
5. According to learned senior counsel Sri K.Vivek Reddy, the underlying cause of action in both suits is same. All defendants in O.S.No.43 of 2012 are defendants in O.S.No.446 of 2012. Therefore, it is necessary to club both suits. He would submit that not clubbing these suits may result in duplicating the evidence and inconsistent findings. Clubbing the two suits will avoid multiple trials. He would further submit that in the trial in Criminal Court all the parties are tride together. He further submitted that by clubbing the two suits, no prejudice would be caused to 15th defendant or other defendants.
6. Learned senior counsel Sri Sunil B.Ganu fairly agrees for clubbing of two suits and listing them before one Court.
PNR,J & NBK,J Tr.CMP .No.516 of 2012 4
7. Having regard to submissions made by learned senior counsel Sri K.Vivek Reddy and fair submission of learned senior counsel Sri Sunil B.Ganu, the Application is ordered. O.S.No.43 of 2012 is withdrawn from the Court of Principal District Judge, Ranga Reddy District at L.B.Nagar and transferred to the Court of III Additional Chief Judge, City Civil Court at Hyderabad and direct that a common trial be conducted in O.S.No.446 of 2012 and O.S.No.43 of 2012 and both suits shall be heard together.
Pending miscellaneous applications, if any, shall stand closed.
___________________________ P.NAVEEN RAO, J ___________________________ NAGESH BHEEMAPAKA, J Date: 14.03.2023 Kkm PNR,J & NBK,J Tr.CMP .No.516 of 2012 5 HONOURABLE SRI JUSTICE P.NAVEEN RAO & HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA TRANS. CIVIL MISCELLANEOUS PETITION NO.516 OF 2012 Date: 14.03.2023 kkm