(Hemant Gupta and V. Ramasubramanian, JJ.)
Yes Bank Limited ___________________________________ Petitioner;
v.
63 Moons Technologies Ltd. and Others _____________ Respondent(s).
Transfer Petition (Civil) No(s). 967-971/2020, decided on February 1, 2022
The Order of the court was delivered by
Order
T. P. (C) No. 967 of 2020
1. It is reported that the case sought to be transferred by way of this Transfer Petition has already been transferred to Bombay High Court. Therefore, this Transfer Petition has become infructuous. The same is, accordingly, dismissed as such.
T. P. (C) No. 968-971 of 2020
2. This bunch of Transfer Petitions has been filed for transfer of the following consumer complaints to the High Court of Bombay at Mumbai :—
i) Ravinder Nath Kansal v. Yes Bank Ltd., Consumer Complaint No. 228 of 2020 pending before Consumer Forum, Faridabad.
ii) Mohan Lal Nigam v. Yes Bank Ltd., Case No. 183 of 2020, pending before Kanpur Nagar District Forum.
iii) R. K. Parashar v. Yes Bank Ltd., Complaint No. 171 of 2020, pending before the District Consumer Disputes Redressal Commission, Janak Puri, New Delhi (West).
iv) Smt. Khushbu v. Branch Manager, Yes Bank, Consumer Case No. 16 of 2021 pending before the District Consumer Disputes Redressal Commission, Roshanabad District, Haridwar, Uttarakhand.
v) Smt. Swadesh Garg v. Branch Manager, Yes Bank, Consumer Case No. 17 of 2021 pending before the District Consumer Disputes Redressal Commission, Roshanabad District, Haridwar, Uttarakhand.
3. We have heard the learned counsel appearing for the parties at some length and find that the consumer complaints are filed under the Consumer Protection Act, therefore, such consumer complaints cannot be transferred to the High Court exercising the jurisdiction under Article 226 of the Constitution of India. Consequently, the request for transfer of the consumer complaints is declined. The Transfer Petitions and the Interlocutory Applications are, accordingly, dismissed.
4. The Petitioner has also sought transfer of the writ petitions pending before the High Courts of Allahabad, Delhi and Madras. We request the said High Courts to await the Judgment of the Bombay High Court, who has fixed 10th February 2022 for the final hearing. The High Courts may adjourn the matters pending before it to await order of the Bombay High Court and then to proceed on merits of the writ petitions in accordance with law.
5. The learned counsel for the parties has assured this Court that they will cooperate with the Bombay High Court for early and expeditious disposal of the writ petitions pending before it.
6. Pending interlocutory application(s), if any, is/are disposed of.
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Transfer Petition(s)(Civil) No(s). 967-971/2020
Yes Bank Limited.….Petitioner(s)
v.
63 Moons Technologies Ltd. & Ors.….Respondent(s)
IA No. 119127/2020 – AMENDMENT OF APPEAL/PETITION/I.A.
IA No. 115796/2021 – AMENDMENT OF APPEAL/PETITION/I.A.
IA No. 29723/2021 – AMENDMENT OF THE PETITION
IA No. 106769/2020 – AMENDMENT OF THE PETITION
IA No. 74891/2021 – AMENDMENT OF THE PETITION
IA No. 26908/2021 – APPLICATION FOR EXEMPTION FROM FILING TYPED DOCUMENTS
IA No. 87469/2020 – EX-PARTE STAY
IA No. 29725/2021 – EXEMPTION FROM FILING AFFIDAVIT
IA No. 94473/2020 – EXEMPTION FROM FILING AFFIDAVIT
IA No. 87470/2020 – EXEMPTION FROM FILING AFFIDAVIT
IA No. 119129/2020 – EXEMPTION FROM FILING AFFIDAVIT
IA No. 115797/2021 – EXEMPTION FROM FILING AFFIDAVIT
IA No. 106770/2020 – EXEMPTION FROM FILING AFFIDAVIT
IA No. 115792/2021 – EXEMPTION FROM FILING AFFIDAVIT
IA No. 74893/2021 – EXEMPTION FROM FILING AFFIDAVIT
IA No. 100324/2020 – EXEMPTION FROM FILING AFFIDAVIT
IA No. 94472/2020 – INTERVENTION/IMPLEADMENT
IA No. 100323/2020 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 01-02-2022 These matters were called on for hearing today.
(Before Hemant Gupta and V. Ramasubramanian, JJ.)
Counsel for the parties Mr. Shyam Divan, Sr. Adv.
Mr. Anuj Berry, Adv.
Ms. Smarika Singh, Adv.
Mr. Shiv Johar, Adv.
Mr. Vinayak Chawla, Adv.
Mr. S. S. Shroff, AOR
Ankur Saigal, Adv.
Ms. Neha Agarwal, Adv.
Mr. E. C. Agrawala, AOR
Mr. Vaibhav R. Venkatesh, Adv.
Mr. Nithyaesh Natraj, Adv.
Mr. Shivam Singh, Adv.
Mr. Jaideep Khanna, Adv.
Mr. Surendra Singh Rana, Adv.
Mr. Amit, Adv.
Mr. Ikshit Singhal, Adv.
Mr. Jeetendra Kumar, Adv.
Mr. Maneesh Saxena, Adv.
Mr. Mukesh Kumar Singh, Adv.
Mr. Sagar Kumar, Adv.
Mr. Anbarasan Nathar Paul, Adv.
Ms. Kajal Rani, Adv.
M/s. Mukesh Kumar Singh And Co., AOR
Ms. Liz Mathew, AOR
Mr. Vivek Shetty, Adv.
Mr. Nishant Upadhyay, Adv.
Mr. Navneet R., Adv.
Mr. Dhaval Vora, Adv.
Mr. Joby P. Varghese, AOR
Mr. Aby P. Varghese, Adv.
Respondent-in-person
Mr. Sudhir Kumar Gupta, AOR
Mr. Manish Gupta, Adv.
Ms. Nidhi, AOR
UPON hearing the counsel the Court made the following
ORDER
T. P. (C) No. 967 of 2020
7. The Transfer Petition is dismissed as infructuous in terms of the signed order.
8. Pending interlocutory application(s), if any, is/are disposed of.
T. P. (C) No. 968-971 of 2020
9. The Transfer Petitions and all pending interlocutory applications are dismissed in terms of the signed order.
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