C24/37/2021
2021 Latest Caselaw 5399 UK

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                     COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      29.12.2021                        C24 No.37 of 2021
                                        With
                                        FA No.49 of 2021
                                        Hon'ble Alok Kumar Verma, J.

Heard Mr. V.K. Kohli, learned Senior Advocate assisted by Mr. I.P. Kohli, learned counsel for the applicant and Mr. Neerag Garg, learned counsel for the respondent nos. 1 & 2.

This Transfer Application has been filed under Section 24 of the Code of Civil Procedure, 1908 seeking the transfer of Civil Appeal No.51 of 2021 "Punjab National Bank vs. M/S Uttarakhand Electrodes Private Limited and Others", pending before the Court of learned District Judge, Dehradun.

The applicant-Bank had filed a money recovery suit against the respondents. The said suit was registered as Original Suit No. 34 of 1995. The respondent nos. 1 & 2 had filed a counter claim in that suit. The learned trial court vide its judgment and decree dated 06.03.2021 dismissed the Original Suit, filed by the applicant and has allowed the counter claim of the respondent nos. 1 & 2. The applicant- Bank has filed a Civil Appeal No.51 of 2021, which is pending before the learned District Judge, Dehradun. The valuation of the said Civil Appeal No.51 of 2021 is Rs.4,95,040/-.

The valuation of the counter claim was Rs.39,17,000/-. An appeal was filed by the Bank against the decree of the counter claim of respondent nos.1 & 2. The said First Appeal No.49 of 2021 "Punjab National Bank vs. M/S Uttarakhand Electrodes Private Limited and Others" is pending before the High Court.

The learned counsel for the respondent has no objection.

In the facts and circumstances of the case, the Civil Appeal No.51 of 2021, "Punjab National Bank vs. M/S Uttarakhand Electrodes Private Limited and Others" pending before the learned District Judge, Dehradun is transferred to the file of this High Court for hearing.

The Registry is directed to take necessary steps.

(Alok Kumar Verma, J.) 29.12.2021

Neha