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PETITIONER: M/S. BIHAR STATE FOOD & SUPPLIES CORPORATION LTD.

       Vs.

RESPONDENT: M/S. GODREJ SOAPS PVT. LTD. & ORS.

DATE OF JUDGMENT:       02/12/1996

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Having heard  the learned  counsel on  both  sides,  we think that  instead of  transferring the suit, the following course would meet the ends of justice.      The Civil  Suit No.336/79  pending on  the file  of the Subordinate Judge, Patna was transferred by an order of this Court dated  February 15,  1988 to  be tried along with Suit No.1028/78 pending  on the  original side of the Bombay High Court. It  is now not in dispute that though Suit No.1028/78 was posted along with transferred suit which was numbered as Suit No.398/89,  and they  were adjourned for some time, the evidence was  adduced in  Suit No.1028/78 and it was decreed by the  learned single Judge. An appeal came to be filed and were are informed that the appeal is pending disposal.      It would  appear that UCO Bank has also filed an appeal and that  is  also  pending.  After  the  disposal  of  Suit No.1028/78, now  the appellants  have filed this application for  transfer   of  Suit   No.298/89  to  the  file  of  the Subordinate Judge,  Patna for  trial on  the ground that the order passed by this Court for joint trial had out lived its purpose and  Suit No.398/89  requires to  be tried on issues which are  not covered  in Suit No.1028/78. Having regard to the facts  and circumstances  and the nature of the disputes between the  same parties  in both  the  suits,  instead  of retransferring Suit  No.398/89 to  the Court  of Subordinate Judge, Patna,  the learned  Judge on  the original  side  is requested to frame necessary issues in Suit No.398/89 within six weeks from the date of the receipt of this order. if the relevant documents have already been filed or any additional documents are  required, the  same may  be filed  within two weeks thereafter. The learned Judge is requested to post the suit and  try the suit on day to day basis within four weeks from the  date of  the framing the issues. The learned trial Judge is  requested, after  recording the entire evidence to be adduced  by the parties, as stated earlier, on day-to-day basis, to transmit the entire evidence and the record of the suit to  the Division Bench for consideration along with the Appeal Nos.20  and 120/95  for disposal  so that conflict of decisions could  be avoided.  The matter  can be disposed of expeditiously. Liberty  is given  to make the request before

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the Division Bench after the receipt of the record to adduce evidence in the suits for early disposal thereof.      The Transfer Petition is accordingly disposed of.