Moumita Mandal vs. Jyoti Prakash Balabantray
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Dinesh Maheshwari, Hon'ble Bela M. Trivedi
Stage:
AFTER NOTICE (FOR ADMISSION) - CRIMINAL CASES
Remarks:
Case Allowed
Listed On:
9 Aug 2022
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
74111/2020,
Original Order Copy
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Order Text
IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION
TRANSFER PETITION (CRIMINAL) NO(s). 127-128 OF 2020
JYOTI PRAKASH BALABANTARAY
Petitioner(s)
VERSUS
MOUMITA MANDAL (BALABANTARAY)
Respondent(s)
ORDER
This transfer petition has been filed by the petitioner-wife under Section 406 of the Criminal Procedure Code, 1973 seeking transfer of: (i) A. C. M. Case No. 752 of 2018, titled as "Smt. Moumita Mandal (Balabantaray) vs. Sri Jyoti Prakash Balabantaray", pending in the Court of 10<sup>th</sup> Judicial Magistrate, Alipore, South 24 Paraganas; and (ii) Case No. A. C. 4209 of 2018, titled as "Smt. Moumita Mandal (Balabantaray) vs. Sri Jyoti Prakash Balabantaray", pending in the Court of 9<sup>th</sup> Judicial Magistrate, Alipore, South 24 Paraganas to the Court of Judicial Magistrate, Balasore, Odisha.
In this matter, limited notice to explore the possibility of settlement was issued. However, in view of submissions made on behalf of the respondent, there does not appear any possibility of settlement in this matter at present.
Learned counsel for the petitioner submits that he has not ceived any further instructions in this matter.
$\mathbf{1}$
In any case, we do not find any reason to continue with these petitions any further.
Therefore, these transfer petitions stand dismissed.
All pending applications stand disposed of.
……………………………………………J. [DINESH MAHESHWARI]
……………………………………………J. [BELA M. TRIVEDI]
NEW DELHI; SEPTEMBER 08, 2022
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 868 OF 2020
MOUMITA MANDAL Petitioner(s)
VERSUS
JYOTI PRAKASH BALABANTRAY 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 MAT Case No. 44 of 2019, titled as "**Jyoti Prakash Balabantray vs. Moumita Mandal", pending in the Court of Civil Judge (Sr. Division), Athagarh, Odisha to the Court of District and Sessions Judge, Alipore Court, West Bengal or any other Court of competent jurisdiction at Kolkata, West Bengal.
Learned counsel appearing for the respondent-husband submits that he has not received any further instructions in this matter.
Taking the totality of circumstances into account, we find it just and proper and in the interest of justice, to grant the prayer made in this matter by the petitioner-wife.
**Accordingly, this transfer petition is allowed and MAT Case No. 44 of 2019, titled as "**Jyoti Prakash Balabantray vs. Moumita Mandal", pending in the Court of Civil Judge (Sr. Division), Athagarh, Odisha, is hereby transferred to the Court of District and Sessions Judge, Alipore Court, West Bengal.
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. [BELA M. TRIVEDI]
NEW DELHI; SEPTEMBER 08, 2022
ITEM NO.8 COURT NO.11 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 (Criminal) No(s). 127-128/2020
JYOTI PRAKASH BALABANTARAY Petitioner(s)
VERSUS
MOUMITA MANDAL (BALABANTARAY) Respondent(s)
(IA No. 33935/2020 - STAY APPLICATION)
WITH
T.P.(C) No. 868/2020 (XVI-A) (FOR ADMISSION and IA No.74111/2020-EX-PARTE STAY)
Date : 08-09-2022 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MS. JUSTICE BELA M. TRIVEDI
For Parties Mr. Sanjoy Kumar Ghosh, Adv. Mrs. Rupali Samanta Ghosh, AOR
Mr. Gautam Kumar Laha, Adv. Mr. Pabitra Kumar Biswal, Adv. Mrs. Durga Devi Panda, Adv. Mr. Neeraj Kumar Sharma, AOR
UPON hearing the counsel the Court made the following O R D E R
Transfer Petition (criminal) No(s). 127-128 Of 2020
These transfer petitions stand dismissed in terms of the signed order.
All pending applications stand disposed of.
Transfer Petition (Civil) No. 868 Of 2020
This transfer petition is allowed in terms of the signed order.
All pending applications stand disposed of.
(SNEHA DAS) (RANJANA SHAILEY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (Signed order is placed in the file)