M.S. JOSEPH Vs. BAJAJ ELECTRICALS LIMITED
LAWS(SC)-2020-5-43
SUPREME COURT OF INDIA
Decided on May 19,2020

M.S. Joseph Appellant
VERSUS
BAJAJ ELECTRICALS LIMITED Respondents

JUDGEMENT

- (1.)This petition has been filed seeking transfer of proceedings pending before the Court of Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, vide C.C No.5967/SS/ of 2017 titled as "Bajaj Electricals Ltd. vs. Mr. M. S. Joseph and Anr." to the Judicial First Class Magistrate Court at Kattappana, Idukki District, Kerala.
(2.)The sole ground on which this petition is based is that the petitioner is aged about 82 years and therefore, the proceedings be transferred to Kerala, where he is residing.
(3.)Counter affidavit has been filed wherein it has been categorically stated that the petitioner no.1 has not even been issued summons by the Magistrate in proceedings under Section 148 of the Negotiable Instrument Act which are sought to be transferred and thus the petitioner has tried to mislead this Court. Summons have been issued only to petitioner no.2. Learned counsel for the respondent further submits that petitioner no. 1 has been discharged from the proceedings. The averments made in the counter affidavit have not been denied by the petitioner.
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