Chandra Lal Rai And Others vs District Collector (CALA), Namchi, Sikkim And Others

Meenakshi Madan Rai, J

The Petitioners seek transfer of Civil Appeal No.01 of 2022, from the Learned Commercial Court, at Gangtok, to the Learned Commercial Court, at Namchi.

Learned Senior Counsel for the Petitioners submits that, a similar matter was pending before the Court of the Learned Judge, Commercial Court, at Namchi. The instant matter arises from the same Award of the Learned Arbitrator. That, now the Learned Commercial Court, at Namchi, has disposed of the matter pending before it, however in the interest of justice and to avoid contradictory findings in different Courts on the same issue, the transfer is being sought.

Learned Additional Advocate General for the State-Respondent Nos.1 and 3 and Learned Deputy Solicitor General of India for the Respondent No.2 have no objection to the Transfer Petition.

In consideration of the grounds put forth, Transfer of Civil Appeal No.01 of 2022, as sought, is permitted, from the Court of the Learned Principal District Judge (Commercial Court), at Gangtok, to the Court of the Learned Judge, Commercial Court, at Namchi.

Transfer Petition stands disposed of accordingly.

Copy of this Order be transmitted to the Court of the Learned Principal District Judge (Commercial Court), at Gangtok, and to the Court of the Learned Judge, Commercial Court, at Namchi, for information and compliance.