Transfer Petitions can be filed by any party to a proceeding in the Supreme Court or the High Court. Transfer Petitions filed in the High Court concern the issue of jurisdiction with the state and that of the High Court.
In the Supreme Court, Transfer Petitions are filed under section 25 of the Code of Civil Procedure1908. This gives the Supreme Court original jurisdiction to hear such matters.
After filing a Transfer Petition in the Supreme Court, the Court can refer the matter Lok Adalat, the Mediation Centre in the Delhi High Court, the Mediation Centre in Tis Hazari or the Karkardooma Court. The objective in such a referral to mediation is to bring parties in to a less formal environment where they can discuss and hopefully resolve or, at least, narrow the issues in dispute. This can be beneficial as time, money and emotional energy can be saved by all parties involved.
In matters referred to Lok Adalat, the sitting Judge of the Supreme Court acts as mediator and facilitator. This approach often results in success in resolving matters without the need to go to trial. Further, in mediation there is a broader scope for alternative solutions and ideas to be explored. This method should always be considered by parties to a proceeding as it may help resolve the matter in a shorter period, with less costs and potentially less animosity between the parties.
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