$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 169/2023, CM APPL. 54043/2023-Stay ACME RESOURCES LIMITED .....Petitioner Through: Mr. Lalit Kumar, Advocate (through VC)

versus SAGAR NARANG .....Respondent Through: Mr. Lakshay Verma, Advocate (through VC)

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 29.10.2025

1. By way of the present petition under Section 24 read with Section 151 of Code of Civil Procedure 1908 (CPC), the petitioner seeks transfer of Civil Suit No. 02 of 2022 (DJ No.21/2022) entitled “ACME Resources Ltd. v. Sagar Narang” (aforesaid suit), presently pending before the learned Court of ADJ-07, Central District, Tis Hazari Courts, Delhi, to the concerned Commercial Court, Central District, Tis Hazari Courts, Delhi.

2. Succinctly put, the petitioner instituted a summary suit under Order XXXVII CPC for recovery of Rs.36,80,000/- along with interest @ 18% along with other reliefs wherein, upon grant of leave to defend, the respondent filed its written statement along with an application under Order VII Rule 10 read with Section 151 CPC. It is the case of the respondent there that the suit arises out of an agreement pertaining to a property which is commercial in nature and therefore it constitutes a commercial dispute falling within the exclusive jurisdiction of the Commercial Court. It is under these circumstances that the petitioner has approached this Court invoking Section 24 CPC seeking transfer of the said proceedings.

3. Learned counsel for the petitioner submits that the petitioner had inadvertently instituted the aforesaid suit as an ordinary civil suit as also the suit is already at the stage of final arguments. As such, he submits that it would be in the interest of justice as also in the interest of the parties if the present petition is allowed and the summary suit be transferred to the concerned Commercial Court, more so, when sufficient time has lapsed and the same was never raised as an objection before. Relying upon Suraj Prakash v. Neeraj Kumar & Ors., [TR.P.(C) 3/2023], wherein a similar petition was allowed holding that non-filing of the statement of truth, affidavit, or verification is merely a procedural and curable defect, he submits that under similar circumstances this Court has granted similar relief and transferred a similar suit therein.

4. The learned counsel further submits that the mandatory procedure of pre-institution mediation envisaged under Section 12A of the Commercial Courts Act, 2015 (CC Act) has already been complied with, since the parties had earlier been referred to the mediation proceeding though the same was unsuccessful.

5. Per contra, learned counsel for the respondent submits that the CC Act, being a special statute, will prevail over the general provisions of Section 24 CPC. The learned counsel further submits that Section 15 of the CC Act prescribes transfer for only those suits and application relating to commercial disputes which were pending before the civil courts as on the date of the commencement of the CC Act and the said provision does not contemplate any transfer of suits or application which were/ are instituted after the commencement of the CC Act, and since the present suit was instituted subsequent to the commencement of the CC Act, the same cannot be transferred.

6. The learned counsel further submits that, in any event, in terms of Section 15(5) of the CC Act, only the Commercial Appellate Division of the High Court has the jurisdiction to entertain any transfer petition concerning suits of a commercial nature from a Civil Court to a Commercial Court and therefore this Court lacks jurisdiction to entertain and decide the present transfer petition.

7. The learned counsel then submits that the present suit has been filed without meeting the rigours prescribed under the provisions of the CC Act, including pre-institution mediation, filing of verification, statement of truth, and the affidavit. As such, transferring of the present civil suit