Supreme Court · 2004 INSC 239 · Decided 6 April 2004

M/S Gupte Cardiac Care Centre and Hospital v. Olympic Pharma Care PVT. LTD.

Court
Supreme Court of India
Citation
2004 INSC 239 · [2004] 3 S.C.R. 916
Case number
TRANSFER PETITION (CIVIL) No. 400/2003
Decided
6 April 2004
Bench
R.C. LAHOTI, ASHOK BHAN (2-judge bench)
Case type
Civil
Acts & sections cited
CPC Section 25; Constitution Article 139(A)(I)

Headnote

Code of Civil Procedure, 1908: Ss. 25 and IO-Transfer of suit-Two suits arising out of the same c transaction filed in two different courts-Plaintiffs in both the suits seeking transfer of the other suits-Held, the two suits deserve to be heard and tried in one Court-Keeping in view the rule court wherein the suit first in point of time was instituted, and the said court will set down the c:ases for consolidated D trial. The petitioner hospital and another company filed a suit at Nasik against a German Manufacturer and its dealer in India, the respondent, for recovery of certain

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