1 2025:CGHC:33038 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 17 of 2025 • Shailesh Kumar Prasad S/o Late Mahesh Prasad, Aged About 50 Years R/o House No. 507, West Nepal Gate, Churcha Colliery, District Korea (Chhattisgarh) ... Applicant versus • South Eastern Coalfields Limited Through Its Assistant Manager (Personnel) Baikunthpur, Area, Post Office- Churcha, Police Station Churcha, District Korea (Chhattisgarh) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pritam Kumar Tiwari, Advocate For Respondent : Mr. Pankaj Agrawal, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2025 1. Heard Mr. Pritam Kumar Tiwari, learned counsel for the petitioner. Also heard Mr. Pankaj Agrawal, learned counsel, appearing for the SECL/respondent. 2. The petitioner has filed this transfer petition under Section 447 of Bhartiya Nagrik Suraksha Sanhita, 2023 with the following prayers : “It is therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to pass a suitable order to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.17 11:52:33 +0530 2 transfer the case bearing case No. Special case (Company Act) -/23/2023 (between SECL vs. Shailesh Kumar Prasad) pending before the court of Sessions Judge/Special Judge under the Company Act, District Court, District-Bilaspur (C.G.) to the Sessions Judge, Baikunthpur, District-Korea (C.G) in the interest of justice. 3. Learned counsel for the petitioner submitted that the disputed house is situated at Baikunthpur Korea and SECL GM Office is also situated at Baikunthpur Korea under the jurisdiction of Sessions and District Court Baikunthpur, District Korea (C.G.) so the above complaint case is to be heard jurisdictionally by learned court of Sessions and Special Judge Company Act (C.G.) Baikunthpur, District Korea (C.G.) and the complainant company is also situated at Baikunthpur, Korea, i.e. Deputy Manager, (Personnel) Churcha Colliery, Baikunthpur. He further submits that the applicant is a private teacher and getting a small amount thereby he is facing financial crises and also facing some medical ailments, therefore the applicant is unable to regularly attend before the court proceeding, hence the said case be transferred. 4. Learned counsel for the respondent submits that the complainant/SECL had filed a complaint under section 200 of the Cr.P.C. read with section 452 of the Company Act 2013 before the Special court constituted under Section 435 of the Company Act on dated 15/03/2018. He further submits that the SECL has preferred said complaint against the petitioner, of which, he is seeking transfer, with regard to vacating of SECL Quarter, because the petitioner, who is son of the employee of the SECL, is not vacating the SECL Quarter after the death of his father being Qr.No. 507, West Nepal Gate, Churcha Colliery, District Korea (C.G.). However, he has not disputed the fact that petitioner is resident of District-Korea. 3 5. Considering the fact that petitioner is resident of Biakunthpur District-Korea and SECL GM Office is also situated at Baikunthpur, Korea, therefore, Sessions Judge/Special Judge, District Court, Bilaspur (C.G.) is directed to transmit the record of Special Case (Company Act) /23/2018 (between SECL vs. Shailesh Kumar Prasad) to the Session Judge/Special Judge under the Company Act, District Court, Baikunthpur, District-Korea within a period of two weeks from the date of production of certified copy of this order. 6. With the aforesaid observation and direction, the transfer petition stands allowed. Sd/- (Ramesh Sinha) Chief Justice vaishali