Allahabad High Court
Manvendra Bhatt vs Anil Kumar Nigam on 13 February, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Court No. - 18
Case :- TRANSFER APPLICATION (CIVIL) No. - 31 of 2023
Applicant :- Manvendra Bhatt
Opposite Party :- Anil Kumar Nigam
Counsel for Applicant :- Taufeeq Ahmad,Sushil Kumar Misra
Hon'ble Saurabh Lavania,J.
Heard.
This is an application for transfer of case filed under Section 24 of C.P.C. Prior to present application, the petitioner preferred an application before the District Judge, Lucknow which was registered as Misc. Case No. 631 of 2022 (Manvendra Bhatt Versus Anil Kumar Nigam) seeking relief to the effect that Regular Suit No. 1701 of 2019 (Manvendra Bhatt Vs. Anil Nigam) pending before Civil Judge (South), Junior Division, Lucknow be transferred to any other court of competent jurisdiction. This application was rejected by the District Judge Lucknow, vide order dated 17.01.2023. Relevant portion of the order dated 17.01.2023, reads as under:-
"izLrqr izdj.k esa mHk; i{kksa dh vksj ls fd, x, [email protected] ,oa ihBklhu vf/kdkjh dh vk[;k ds vkyksd esa eSa bl er dk gWwa fd tgWak voj U;k;ky; }kjk ,di{kh; :i esa vLFkkbZ fu"ks/kkKk dk vkns'k ikfjr fd;k x;k gks vkSj vc ,sls vLFkkbZ fu"ks/kkKk lEcU/kh vkns'k ds fujLrhdj.k gsrq izdj.k voj U;k;ky; ds le{k yfEcr gksa] ogWk of.kZr ifjfLFkfr;ksa esa mijksDr ewyokn dk fuLrkj.k mlh U;k;ky; }kjk fd;k tkuk U;k;ksfpr gksxkA ihBklhu vf/kdkjh dh vk[;k ls ;g Hkh izdV gksrk gS fd muds lkeus mHk; i{kksa us fo'okl O;Dr djrs gq, izdj.k esa lquokbZ gsrq bPNk Hkh izdV dh FkhA ek= oknh dh vk'akdk ,oa Hkze ds dkj.k izdj.k dks fdlh vU; U;k;ky; esa mDr U;k;ky; ls vUrfjr fd;s tkus dk dksbZ leqfpr vk/kkj ugha gS] og Hkh rc] tcfd ekuuh; mPp U;k;ky; ds le{k ,d izdkj.k igys ls gh lEcfU/kr U;k;ky; }kjk ikfjr vkns'k ds lUnHkZ esa yfEcr gksA
mijksDr rF;ksa ds vkyksd esa ;g LFkkukUrj.k vkosnu&i= fujLr gksus ;ksX; gSA"
While press the present application, learned Counsel for the applicant stated that Presiding Officer of concerned court is bias and the applicant would not get justice as such the applicant want to transfer Regular Suit No. 1701 of 2019 (Manvendra Bhatt Vs. Anil Nigam) pending before Civil Judge (South), Junior Division, Lucknow to some other court of competent jurisdiction. Elaborating this aspect, he further stated that concerned court dismissed the suit on 17.01.2023 though the lawyers were abstaining from work on that day and while passing the order, the concerned court in the order indicated that Counsel for the plaintiff was present, which is completely incorrect. Thus, the apprehension of the applicant is that he would not be provided justice on the court concerned, is fortified. Accordingly, in these circumstances the present petition is liable to be allowed and the Regular Suit No. 1701 of 2019 (Manvendra Bhatt Vs. Anil Nigam) pending before Civil Judge (South), Junior Division, Lucknow, be transferred from Civil Judge (South), Junior Division, Lucknow to some other court of competent jurisdiction.
On the issue of transfer of a case the reference can be made on the judgments of this Court passed in the case(s) of Salamat Ullah and Another vs. Ram Autar Khandelwal and Others reported in 2011 (10) ADJ 294 (LB); Amit Agrawal vs. Atul Gupta reported in 2014 SCC OnLine AII 16200 as also judgment dated 10.09.2012 passed in Transfer Application (Civil) No.290 of 2012 (Shakeela vs. Mehboob Ali Siddiqui) and judgment dated 12.11.2014 passed in Transfer Application (Civil) No.524 of 2014 (Kaneej Fatma vs. Mohd. Tayyab).
From the observations made in the above indicated judgments, it is apparent that the power of transfer must be practiced/ exercised with great caution and attentiveness. On the basis of vague/bald allegations made in the application seeking transfer against the Presiding Officer, the case should not be transferred.
Considered the aforesaid.
In the instant case, from the perusal of record it is crystal clear that only on mere apprehension and suspicion that the concerned court would pass the order against the applicant in pending suit, the application for transfer has been moved. Further, from bare perusal of application seeking transfer it is apparent that the allegations are absolutely vague and unsubstantiated. Moreover, the main ground seeking transfer of case is an erroneous order and mere fact that an erroneous order has been passed is not in itself is a ground for transfer as it does not necessarily lead to inference of bias (See Madanlal Versus Babulal reported in AIR 1962 Mani 42).
As such, taking note of the aforesaid in the light of observations in the judgments, referred hereinabove, I do not find any ground to allow the present application. Accordingly, the same is hereby dismissed.
No order as to costs.
Order Date :- 13.02.2023
Jyoti/-
