1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.646 OF 2020 SHASHI NAHATA Petitioner(s) VERSUS SANJAY NAHATA Respondent(s) ORDER This transfer petition has been filed by the petitioner-wife under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of case bearing H.M.A. No. 408 of 2019, titled as “ Sanjay Nahata Vs. Shashi Nahata”, pending in the Court of District Judge, Karkardooma Court, New Delhi to the Court of Subordinate Judge, Tirupur, Tamil Nadu. Heard learned counsel for the parties and perused the material placed on record. Though learned counsel for the respondent has vehemently opposed this transfer petition but, having considered the circumstances in their totality, we are of the view that in the interest of justice, transfer of the proceedings, as prayed for, is warranted. Accordingly, this transfer petition is allowed and case bearing H.M.A. No. 408 of 2019, titled as “ Sanjay Nahata Vs. Shashi Nahata”, pending in the Court of District Judge, Karkardooma Court, New Delhi is hereby transferred to the Court of Subordinate Judge, Tirupur, Tamil Nadu.
2 The parties shall be at liberty to apply before the transferee court for appearing through the video conferencing mode. The records of the case be transferred to the transferee court forthwith. All pending applications stand disposed of. ……………………………………………………………………..J. [DINESH MAHESHWARI] …………………………………………………………………...J. [HRISHIKESH ROY] NEW DELHI; JANUARY 10, 2023
3 ITEM NO.3 COURT NO.6 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Civil) No. 646/2020 SHASHI NAHATA Petitioner(s) VERSUS SANJAY NAHATA Respondent(s) (FOR ADMISSION and IA No.54595/2020-STAY APPLICATION) Date : 10-01-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. S. Rajappa, AOR Mr. V Prabhakar, Adv. Ms. Jyoti Parashar, Adv. Mr. Nj Ramchandar, Adv. Mr. R Gowrishankar, Adv. For Respondent(s) Mr. Kumar Dushyant Singh, AOR Mr. Manish Sharma, Adv. Mr. Pradeep Kumar Sharma, Adv. Mr. Neeraj Sharma, Adv. UPON hearing the counsel the Court made the following O R D E R The transfer petition is allowed in terms of the signed order. All pending applications also stand disposed of. (SNEHA DAS) (RANJANA SHAILEY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (Signed order is placed in the file)
ITEM NO.2 COURT NO.6 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 646/2020 SHASHI NAHATA Petitioner(s) VERSUS SANJAY NAHATA Respondent(s) (FOR ADMISSION and IA No.54595/2020-STAY APPLICATION ) Date : 30-11-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. S. Rajappa, AOR [Not Present] For Respondent(s) Mr. Manish Sharma, Adv. Mr. Pradeep Kumar Sharma, Adv. Mr. Neeraj Sharma, Adv. Mr. Prashant Dutt Sharma, Adv. Mr. Kumar Dushyant Singh, AOR UPON hearing the counsel the Court made the following O R D E R None present for the petitioner. List the matter after two weeks. Learned counsel for the respondent is permitted to file counter affidavit in the meanwhile. (MEENAKSHI KOHLI) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER
ITEM NO.12 Court 7 (Video Conferencing) SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 646/2020 SHASHI NAHATA Petitioner(s) VERSUS SANJAY NAHATA Respondent(s) (FOR ADMISSION and IA No.54595/2020-STAY APPLICATION IA No. 54595/2020 - STAY APPLICATION) Date : 31-01-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. V. Prabhakar, Adv. Ms. Jyoti Parashar, Adv. Mr. N.J. Ramchandar, Adv. Mr. R. Gowrishankar, Adv. Mr. S. Rajappa, AOR For Respondent(s) Mr. Manish Sharma, Adv. Mr. Neeraj Sharma, Adv. Mr. Kumar Dushyant Singh, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the respondent prays for and is granted four weeks’ time to file reply. List thereafter. (NEELAM GULATI) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
ITEM NO.28 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE SECTION XVI - A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. ANIL LAXMAN PANSARE Transfer Petition(s)(Civil) No(s). 646/2020 SHASHI NAHATA Petitioner(s) VERSUS SANJAY NAHATA Respondent(s) (FOR ADMISSION and IA No.54595/2020 - S TAY APPLICATION ) Date : 25 - 08 - 2020 This petition was called on for hearing today. For Petitioner(s) Mr. S. Rajappa, AOR For Respondent(s) UPON hearing the counsel through Video Con ference, the Court made the following O R D E R Service is complete on the sole respondent on 17.8.2020. Ld. Advocate, Mr. Manish Sharma, appearing on behalf of Mr.Kumar Dushyant Singh, Advocate - on - record appears for the sole respondent. He seeks time to file vakalatnama and counter affidavit. Be fi led within four weeks. List again on 12.10.2020. ANIL LAXMAN PANSARE Registrar
ITEM NO.11 Virtual Court 6 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Civil) No(s). 646/2020 SHASHI NAHATA Petitioner(s) VERSUS SANJAY NAHATA Respondent(s) (FOR ADMISSION and IA No.54595/2020-STAY APPLICATION ) Date : 06-07-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. V. Prabhakar, Adv. Ms. Jyoti Parashar, Adv. Mr. R. Gowrishankar, Adv. Mr. S. Rajappa, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R This transfer petition is filed by the petitioner(wife) for transfer of the Divorce case filed by the respondent, pending in Karkardooma Court, Delhi, to a competent court at Tirupur, Tamil Nadu. The petitioner is residing with her minor son at Tirupur, Tamil Nadu. She is earning her livelihood by preparng and selling snacks items. Mr. V. Prabhakar, learned counsel for the petitioner submits that the couple resided at Tirupur for about 8 years but then the husband deserted the family, in the year 2019. In view of above, issue notice, returnable in six weeks. In the meantime, there shall be stay of further proceeding in H.M.A. No. 408 of 2019 titled as “Sanjay Nahata versus Shashi Nahata”, pending in the Court of District Judge, Karkarooma Court, New Delhi. (ASHWANI KUMAR) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH)