The power under Section 24, CPC can be exercised by the High Court even for inter-State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States, the Supreme Court said.
This Court while exercising its jurisdiction under Section 25 CPC cannot determine the question of territorial jurisdiction of the proceedings before it, the Court remarked.
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The Supreme Court observed that functional convenience of one of the parties in commercial litigations cannot be a ground to transfer under Section 25 of Code of Civil Procedure.
A petitioner seeking transfer of a case involving business-related disputes from one jurisdiction to another will have to establish some grave difficulty or prejudice in prosecuting or defending the case in a forum otherwise having power to adjudicate the cause, Justice Aniruddha Bose observed.
In this case, the petitioner company sought transfer of a subsequent suit instituted by the respondents against them in the Court of Civil Judge, Senior Division, Pune to the Commercial Court, Ahmedabad.