- (1.) Heard Sri Shashi Nandan, Senior Advocate, assisted by Sri Prabhakar Dwivedi, learned counsel for the applicant, Sri K.R.Sirohi, Senior Advocate, assisted by Sri Pankaj Dubey, learned counsel for opposite party and perused the record.
(2.) This transfer application has been filed under Section 24 C.P.C., seeking transfer of non admitted Arbitration Appeal No. Nil of 2014 (Atul Gupta Vs. Amit Agarwal) pending in the Court of District Judge, Meerut to any other District Judge of any nearby District making allegations against Sri Amar Singh Chauhan, District Judge, Meerut. Paras 23 to 26 of the affidavit, filed in support of transfer application contain allegation, which read as under: "23. That at about 3.30 p.m. the appeal filed under section 37(2)(b) of Arbitration and Conciliation Act, 1996 by the respondent was taken up before the District Judge Meerut then the time was sought from the counsel for the applicant to file objection as in the said appeal the caveat of the applicant was already filed then in utter surprise the District Judge Meerut Sri Amar Singh Chauhan told to the counsel for the applicant to prepare the objection within 30 minutes so as to hear the matter at 4.00 p.m. and since it was not possible to prepare the objection towards the said appeal within 30 minutes and as such only after various request and persuasion, the District Judge Meerut fixed the next date as 03.11.2014. It is also stated that on 30/31.10.2014, the elections of District Bar Association was scheduled. 24. That as the earlier occasion also the present Presiding Officer/Sri Amar Singh Chauhan District Judge Meerut has completely ignored the arguments and objection filed by the petitioner and being prejudiced he has passed the order dated 20.12.2013. Further more the present District Judge Meerut is much interested to pass interim order in favour of respondent due to which earlier on 29.10.2014 when the case was taken up, the Presiding Officer earlier granted only 30 minutes time to prepare the objections to the appeal and only after great request and persuasion the next date has been fixed as 03.11.2014. 25. That is is also stated that since the aforesaid appeal dated 29.10.2014 filed by the respondent under section 37(2)(b) of Arbitration and Conciliation Act-1996 before the District Judge Meerut has yet not been admitted and as such no any number etc. has been given to the said appeal and due to said reason no any certified copy of the order sheet could be obtained by the petitioner. 26. That as a matter of fact now the applicant lost all his hope to get justice in the Arbitration Appeal No.Nil of 2014 (Atul Gupta Vs. Amit Agarwal) pending before Sri Amar Singh Chauhan District Judge Meerut in as much as the said Court is even not ready to consider the material brought on record and the argument advance before him on behalf of the applicant which is apparent from the aforesaid facts."
(3.) From the bare perusal thereof clearly shows that assertions are absolutely vague, unsubstantiated and lacks trustworthiness.;