In Brief
Fumo Chem and Raj Process had a commercial dispute over the supply and installation of a spray dryer. Fumo Chem filed a suit in Ahmedabad court seeking damages for improper installation, while Raj Process sued in Pune court for specific performance. Fumo Chem sought to transfer Raj Process's Pune suit to Ahmedabad, arguing overlapping issues between the two suits. The Supreme Court dismissed the petition, holding that overlapping issues and common parties do not justify transfer. The appropriate remedy is applying for stay under Section 10 CPC in the subsequent suit's court, not transfer. Mere convenience to parties cannot justify transfer in commercial disputes."
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