*Fair Trial or Delay Tactic? Examining a Transfer Application* *Court:* District Court Thane, Maharashtra (Civil M.A.No. 43/2025) *Date:* 15-Feb-2025 *Parties:* BVG India Ltd. (Plaintiff) and SRK IMPEX (Defendant). *Nature of Suit:* A commercial suit initiated by BVG India Ltd. against SRK IMPEX. *Issue:* SRK IMPEX applied to transfer the case to a different court, which was denied. *Background and Procedural History:* BVG India Ltd. filed a commercial suit against SRK IMPEX. SRK IMPEX didn't file a written statement, and the trial was in the plaintiff's witness cross-examination stage. SRK IMPEX sought permission to cross-examine the plaintiff's witness, which was partly allowed with restrictions. Cross-examination experienced delays. *Grounds for Transfer Application (Defendant's Arguments):* SRK IMPEX sought transfer due to apprehension of not receiving a fair trial in the current court, citing incidents during cross-examination. Accusations included delays and late sittings by the Presiding Officer. Restrictions on cross-examination and denial of court file access were also alleged. SRK IMPEX claimed perceived bias and inaccurate recording of court proceedings. *Plaintiff's Rebuttal:* BVG India Ltd. claimed SRK IMPEX's bias allegations were vague and unsubstantiated. They argued that dissatisfaction with judicial orders isn't a valid reason for transfer. BVG India Ltd. contended the application was a tactic to protract proceedings. *Court's Reasoning & Decision:* The court rejected the transfer application. It deemed the Presiding Officer's late arrival an administrative matter, not grounds for bias. The court found no substantiated bias, noting the advocate was given court record access. It stated that SRK IMPEX didn't demonstrate a reasonable basis for apprehension of bias. The court directed the presiding judge to conclude the matter quickly. The court inferred that the transfer application was prompted by the advocate for the defendant "not being duly accommodated". *Key Legal Principles:* The party seeking transfer bears the burden of proving a reasonable basis for apprehending bias. The court distinguished between actual bias and a reasonable apprehension of bias. The court reviewed but distinguished precedents cited by the Defendant. *(PDF) Order* is uploaded to LegalCell Groups: - _Group 1_ https://chat.whatsapp.com/FzR9mkCOUXs1rVRDVojv2q - _Group 2_ https://chat.whatsapp.com/DuIlyuD6GPt4zAypymEoNr ⚖️