Transfer of Title Suit from Sikkim to West Bengal: Key Supreme Court Order

The Supreme Court of India recently passed an order in the case of M/S. Himalaya Distilleries Limited v. Urmila Pradhan & Ors., addressing a transfer petition concerning a civil matter. The petitioner sought the transfer of Title Suit No. 11 of 2017, which was pending before the District Judge Special Division-I, East Sikkim, Gangtok, to the District Court, Siliguri, West Bengal. The judgment was delivered on October 1, 2021, by Abhay S. Oka.

During the proceedings, both the petitioner and the respondents were represented by senior counsel. A critical development in the case was the affidavit filed on September 25, 2021, by Shri Pratik Shreshtha, Vice President of the petitioner company. In this affidavit, the petitioner withdrew all allegations made against respondent No. 5.

Petitioner’s Arguments

The petitioner, M/S. Himalaya Distilleries Limited, contended that transferring the case to the District Court in Siliguri, West Bengal, was necessary for fair and efficient proceedings. Their counsel argued that circumstances warranted the transfer, emphasizing procedural convenience and jurisdictional considerations.

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Respondents’ Arguments

Following the withdrawal of allegations by the petitioner, the respondents, represented by their senior counsel, stated that they had no objection to the transfer of the case. This agreement facilitated a smooth resolution of the transfer petition.

Court’s Judgment

The Supreme Court, after considering the submissions and the affidavit, ruled in favor of the petitioner’s request. The Court directed the transfer of Title Suit No. 11 of 2017 from District Judge Special Division-I, East Sikkim at Gangtok to the District Court, Siliguri, West Bengal. Furthermore, the Court disposed of any pending applications related to the case.

Key Extract from the Judgment:

“In view of the withdrawal of the allegations, the learned Senior Counsel appearing for the respondents states that they have no objection if the subject suit is transferred to the District Court, Siliguri, West Bengal. Accordingly, the transfer petition is disposed of by directing that the Title Suit No. 11 of 2017 pending before the District Judge Special Division-I, East Sikkim at Gangtok is hereby transferred to the District Court at Siliguri, West Bengal.”

Impact of the Judgment

• The order ensured a smooth transfer of the case, avoiding unnecessary legal complexities.
• Both parties reached a consensus, reducing litigation friction.
• The decision highlighted the importance of affidavits in modifying legal positions.

This case reaffirms the Supreme Court’s role in facilitating fair trial procedures and jurisdictional efficiency in civil disputes.

Petitioner Name: M/S. Himalaya Distilleries Limited.
Respondent Name: Urmila Pradhan & Ors..
Judgment By: Justice Abhay S. Oka.
Place Of Incident: Gangtok, Sikkim.
Judgment Date: 01-10-2021.

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