- (1.) This is ari application with a prayer that transferred Company petition No.377 of 2017 instituted by trie petitioner-Gammon India Limited pending before Court No. 1 of the Mumbai Bench of the NCLT be clubbed with two other transferred company petitions Nos. 376 and 378 of 2017 which are pending for hearing before court No.2 of Mumbai Bench NCLT.
(2.) The grounds of transfer visible in the application are that the petitioner is common in all the three petitions and the relief claimed by it is also same against each of the respondents. It has also been pointed out that the cause of action arises out of the same transaction. The facts pleaded are Respondents were partner in Gammon Neelkanth Realty Corporation wherein the petitioner was providing services to the respondents as a contractor. It has been submitted that in order to avoid conflict of view all the three petitions be clubbed together and transferred to either of the two Benches of the NCLT, Mumbai Bench. This request is not to cause harm or prejudice to the respondent.
(3.) In reply to the notice the respondents have asserted that the present petition for transfer is a part of cheap and delaying tactics which are being taken by the petitioner. According to the averment made as reiterated at the time of hearing it has been asserted that no effort was made by the petitioner for making the prayer for transfer/clubbing. It was only when pleadings were completed in company petition No. 377 on 21st August 2017, application for transfer has been made in order to delay the proceedings even in respect of other two petitions namely company petitions No.376 and 378 of 2017.;