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PRADNYA v. VINNETH BAJAJ

Supreme Court of India | Diary 10254/2023

Status

ROP - of Main Case

Decided On

17-04-2023

Bench

HON'BLE MR. JUSTICE SANJIV KHANNA and HON'BLE MR. JUSTICE M.M. SUNDRESH

Petitioner

PRADNYA

Respondent

VINNETH BAJAJ

Primary Holding

A transfer petition cannot be restored when an application for setting aside an ex-parte decree is pending before the subordinate court, as revival of the transfer petition is contingent upon the outcome of such pending proceedings.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION MISCELLANEOUS APPLICATION NO. 475/2023 IN TRANSFER PETITION (C) No. 2426/2021 PRADNYA ..... PETITIONER(S) VERSUS VINNETH BAJAJ ..... RESPONDENT(S) O R D E R We are not inclined to entertain the present application for restoration of the transfer petition at this stage as the application for setting aside the ex-parte decree is pending before the family court. This present application, in fact, should not have been moved as we had clarified in the order dated 13.02.2023 that in case the application for setting aside ex-parte decree filed by the petitioner is allowed, the transfer petition may be revived. Recording the aforesaid, the present application is dismissed. ..................J. (SANJIV KHANNA) ..................J. (M.M. SUNDRESH) NEW DELHI; APRIL 17, 2023.

ITEM NO.1 COURT NO.7 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 Miscellaneous Application No. 475/2023 in T.P.(C) No. 2426/2021 (Arising out of impugned final judgment and order dated 06-09-2022 in T.P.(C) No. No. 2426/2021 passed by the Supreme Court of India) PRADNYA Petitioner(s) VERSUS VINNETH BAJAJ Respondent(s) (FOR ADMISSION IA No. 51339/2023 - RESTORATION) Date : 17-04-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Sachin Pahwa, Adv. Mr. Navin Kumar, Adv. Mr. Sudhir Singh, Adv. Mr. Gulab Chandra Yadav, Adv. Mr. Sanjay Dubey, Adv. Ms. Surajita Pattanaik, Adv. Ms. Saloni Sharan, Adv. Mr. Nayan Maggo, Adv. Mr. R.R. Satheesh, Adv. Mr. Goldy Goyal, Adv. Ms. Ruma Pathak, Adv. Ms. Shweta Mulchandani, Adv. Mr. Shashi Kumar, Adv. Mr. Rajesh Kumar Rath, Adv. Mr. Chand Qureshi, AOR For Respondent(s) Ms. Aakannsha Sharma, Adv. Mr. Krishna Kumar Singh, AOR UPON hearing the counsel, the Court made the following O R D E R Miscellaneous application is dismissed in terms of the signed order. (BABITA PANDEY) COURT MASTER (SH) (R.S. NARAYANAN) COURT MASTER (NSH) (Signed order is placed on the file)

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