Pradeep Kumar Kashyap v. Branch Manager, Cholamandalam Investment & Finance Company Ltd And 2

It has been stated that the matter is at present pending before the Commercial Court, Gorakhpur and its transfer to the Commercial Court, Varanasi is sought. Learned counsel for the applicant has stated that the opposite party nos. 1 and 2 along with their employees and goons had hired miscreants employed for recovery of amount, who attacked the applicant on 9.9.2015 and beat him up badly. It has further been stated that till date, no issues have been framed by the Commercial Court, Gorakhpur in the matter and the Commercial Court is proceeding with the matter hurriedly without framing issues. Therefore, the applicant has no hope of justice with the Commercial Court, Gorakhpur.

Sri Pranjal Mehrotra, learned counsel had appeared on behalf of respondent nos. 1 and 2.

When queried by the Court, learned counsel for the applicant has stated that no FIR has been lodged by the applicant in respect of the alleged attack made by the opposite parties on the applicant.

The other allegations made in the transfer application may not be a ground for seeking transfer of the case inasmuch as the pending proceedings are under Section 9 of the Act, 1996 and it has not been demonstrated that whether since 2016 the applicant has taken any steps for referring any dispute for arbitration.

This application lacks merit and is thus, dismissed. Order Date :- 24.4.2025 sfa/ (Jayant Banerji, J)