Mumbai: Jan 30, 2014
Senior BJP leader Gopinath Munde on Wednesday told the civil court in Mumbai that the transfer application filed by Union Agriculture Minister and Mumbai Cricket Association (MCA) President Sharad Pawar is only aimed at delaying the hearing of Munde’s suit.
Munde has challenged the rejection of his nomination in MCA election last year.
“The application if allowed would put in motion a wrong precedent wherein political heavyweight aggrieved party would be entitled to go forum-hunting,” said Munde’s affidavit.
Pawar, earlier this month, filed an application seeking transfer of the suit to any other court.
“No grounds whatsoever have been made out,” said Munde’s affidavit, filed by his lawyer, advocate Vivenanand Gupta.
It also said that there is no provision in the Civil Procedure Code which contemplates hearing of the Notice of Motion by one judge and the conduct of trial by another judge.
Transfer of a case from one court to another is a serious matter, because it indirectly casts doubt on the competence of the original judge, Munde’s affidavit said, adding that Pawar’s apprehension that he will not get justice was baseless.
Pawar’s application said that Munde’s suit was based upon the interpretation of rules of MCA, and sessions judge had dealt “exhaustively” with them at an earlier stage, but the main hearing too would depend on interpretation of same rules.
“Since the provisions have already been exhaustively interpreted by the (judge) it is desirable that the suit be assigned to any other court for final disposal,” it said.
The court on November 26 had temporarily restrained Pawar from functioning as MCA chief, but Bombay High Court overturned the ruling.
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