Satyam Computer Services Ltd., vs M/S. Price Waterhouse
2023 Latest Caselaw 1223 Tel

            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

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

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

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

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