Coal India Limited vs. Himanshu Shekhar Sharma

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION(C) NO. 3437-3439 OF 2023

COAL INDIA LIMITED Petitioner(s)

VERSUS

HIMANSHU SHEKHAR SHARMA & ORS. Respondent(s)

O R D E R

In these transfer petitions, filed by the self-same petitioner, transfer of WP(C) No. 8753/2023 (pending before the High Court of Delhi), WPS No. 4064/2023 (pending before the High Court of Chhatisgarh) and W.P.(C) No. 28435/2023 (pending before the High Court of Odisha) to the High Court of Madhya Pradesh is sought for.

It is submitted by the learned counsel for the petitioner that Writ Petition (C) No. 14830/2023 raising similar issues was decided on 29.8.2023 by a learned Single Judge of the High Court of Madhya Pradesh against which Writ Appeal No. 1486/2023 was filed and it is now pending before a Division Bench of High Court of Madhya Pradesh.

Heard learned senior counsel on both sides. It is not in dispute that the same substantial questions of law call for resolution in all the above writ petitions sought to be transferred. It is a fact not in dispute that the writ petition which was decided by the High Court of Madhya Pradesh and now pending in appeal before it also carries the same question of law. Digitally signed by Dr. Naveen Rawal Date: 2024.11.26 13:49:58 IST Reason: Signature Not Verified

In such circumstances and also taking note of the fact that the parties are ad idem on the point that it is appropriate to have the above mentioned writ petitions decided by one High Court, we are of the view that the prayer for transfer of the above mentioned writ petitions can be allowed. In that view of the matter, without making any observation(s) on the merits of the cases, the aforementioned writ petitions pending before the named High Courts above, stand transferred to the High Court of Madhya Pradesh. The aforesaid writ petitions may be listed in accordance with the roster.

Taking note of the fact that the Writ Appeal is pending, we request the Bench concerned to dispose of the above mentioned writ petitions on transfer, expeditiously.

Transfer petitions are allowed as above.

Pending application(s), if any, stands disposed of.

..................,J. (C.T. RAVIKUMAR)

..................,J. (SANJAY KAROL)

NEW DELHI; NOVEMBER 06, 2024

ITEM NO.4 COURT NO.11 SECTION IV-C

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). 3437-3439/2023

COAL INDIA LIMITED Petitioner(s)

VERSUS

HIMANSHU SHEKHAR SHARMA & ORS. Respondent(s)

IA No. 268238/2023 - EX-PARTE STAY)

Date : 06-11-2024 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE SANJAY KAROL

For Petitioner(s) Mr. Brijender Chahar, Sr. Adv. Mr. Ranjan Kumar Pandey, AOR Mr. Sandeep Bisht, Adv. Ms. Kunickaa Sadanand, Adv.

For Respondent(s) Mr. Gourab Banerji, Sr. Adv. Mr. Gautam Jha, AOR Mr. T S Sundaram, Adv. Mr. Venkat Supreeth, Adv.

Mr. Gaurab Banerjee, Sr. Adv. Mr. Neeraj Shekhar, AOR Mrs. Kshama Sharma, Adv. Mr. Rajesh Kumar Maurya, Adv. Mr. Anand Krishna, Adv.

M/S. Mukesh Kumar Singh And Co., AOR

UPON hearing the counsel the Court made the following O R D E R

Transfer petitions are allowed in terms of the signed order, placed on the file.

Pending application(s), if any, stands disposed of.

(DR. NAVEEN RAWAL) (MATHEW ABRAHAM)

DY. REGISTRAR COURT MASTER (NSH)