IN THE SUPREME COURT OF INDIA        CIVIL ORIGINAL JURISDICTION

TRANSFER  PETITION (C) NO. 221 OF  2008

M/S. B.D.A.BREWERIES & DISTILLERIES LTD. ..PETITIONERS                                

VERSUS

M/S. VINEDALE DISTILLERIES LTD.  .. RESPONDENT    

O R D E R

This is a transfer petition filed by M/s. B.D.A.Breweries & Distilleries

Ltd. for transfer of O.S.No. 400 of 1994 pending before the III Additional Judge,

City Civil Court, Secunderabad, to Delhi High Court.   

On 4.1.2008, by an order passed in T.P.(C) No. 845 of 2006, this Court

had  transferred   several  matters  touching  the  respondents,  M/s.  Vinedale

Distilleries Ltd.,  to the Delhi  High Court,  with a request to the Hon'ble  Chief

Justice to direct the same to be taken up by the same learned Judge hearing other

pending matters.  We had also directed that in the event there were any pending

appeals arising out of the suits which had been transferred by the said order, the

same  would  also  stand  transferred  and  would  be  heard  by  the  appropriate

Division Bench  of the Delhi High Court.  In addition, we had observed that in

order to avoid future confusion, any suit, which might be filed in future touching

upon the control and management of the company in question, should be filed

before the Delhi High Court which will decide the matter.

It may not be out of place to mention that out of three suits, namely,

O.S.No. 376/1994, 389/1994 and 400/1994,  the   first   two  suits   have   already

been  

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transferred to the Delhi High Court.  This transfer petition is for transfer of the

third suit to the Delhi High Court also.

Having  heard  learned  counsel  for  the  respective  parties  and  having

regard to the earlier order  passed on 4.1.2008, we direct that O.S.No. 400/1994,

pending in the Court of III Additional Judge, City Civil Court, Secunderabad, be

transferred to the Delhi High Court, with the request that the same be taken up

with the other matters expeditiously.

We  have  been  informed  by  Mr.  E.C.Agrawala,  appearing  for  the

respondent, that despite our order of 4.1.2008, not much headway has been made

in the pending proceedings before the High Court.  In fact, he has shown us an

order  dated  7.7.2008,  involving  an  I.A.  for  amendment  of  the  plaint  which

according to him has been made after fifteen years.

In view of  the  above,  we request  the High  Court  to  ensure  that  no

unnecessary adjournments are allowed in these pending matters and even if it

becomes absolutely  necessary for  an interlocutory application  to be made,  the

same is  to  be  disposed  of  at  the  earliest  opportunity.   This  will  also  include

applications which have been made and are still pending. We also make it clear

that the disposal of these interlocutory applications should not   come in the way

of  early disposal of the suits.

Since  we  have  been  informed  by  Mr.  E.C.Agrawala  that

O.S.No.400/1994, which is being transferred, is at the stage of evidence, we would

further request the Delhi  

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High Court to take up the said suit from the said stage and dispose of the same

expeditiously in terms of this order.

Transfer petition is allowed.  There will be no order as to costs.

                        ..................J.       (ALTAMAS KABIR)

  ...................J.       (MARKAANDEY KATJU)

    New Delhi,              July 22, 2008.