HOMEWORK- 5

M.Chandana
2018LLB109

Name of the Case: M/S. Gupte Cardiac Care Centre & Hospital v. Olympic
Pharma Care Pvt. Ltd (AIR 2004 SC 2339)

Facts of Case: the Gupte Cardiac Centre hospital (plaintiff) had ordered a
machine from the defendants, M/s. Jostra Medizintechnic AG and Olympic
Pharma Care Pvt. Ltd., who are the manufacturers and dealers respectively. The
suit arose when the plaintiff filed for recovery of the sum of money invested in
the machine, since they found the machine to be unsatisfactory. As a result two
suits were filed, one by the plaintiffs in Nashik and one by the defendants in
Delhi. The present petition was filed for the transfer of case to Nashik.

Interpretation of the court: the court resorted to sec 10 of the CPC 1908. To
save time, money and effort of both the court and the parties, and to prevent
multiciplity of decrees and evidence, it is necessary that the case be transferred
to one court and be adjudicated by one court since the question of law would
remain the same. Although the court mentioned that in certain cases after the
considerations such as which is the place where most of the evidence is
available, convenience of the parties and witnesses, which one of the two places
is more convenient to access and attend and so on, a departure from sec 10 can
be made.

But in the present case, no such departure was deemed necessary. Thus, the suit
in Nashik being first in point of time, the case was transferred from Delhi to
Nashik, as per sec 10 of the CPC 1908.