SUPREME COURT OF INDIA

Before:- M. Jagannadha Rao and A.P. Misra, JJ.

Transfer Petition Nos.286-87 of 99. D/d. 6.12.1999.

Toefer International Asia Pvt. Ltd. - Petitioner

Versus

Cimmco International and others - Respondents

Constitution of India, 1950 Article 141 and 142 Transfer Petition - In view of concession made by petitioner, direction for transfer of Arbitration petition from the High Court of Bombay to High Court of Delhi was made.

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ORDER

1. Having regard to the facts and circumstances of the cases, we are not inclined to transfer the proceedings filed by the respondents at Delhi High Court to Bombay High Court. Learned counsel for the petitioner who has filed proceedings for execution at Bombay has then suggested that the proceedings pending at Bombay filed by his clients may be transferred to the Delhi High Court to be tried along with the matters filed by the respondents in the Delhi High Court. In view of the concession made by the learned senior counsel for the petitioner, we direct the transfer of the Arbitration Petition No.189/95 from the High Court of Bombay to the High Court of Delhi to be tried along with O.M.P.No.88/ 92 and O.M.P.No.125/93 pending in the Delhi High Court.

2. The Transfer Petitions are disposed of accordingly.

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