O R D E R

20.04.2026

1. This hearing has been done through hybrid mode.

2. The present petition under Section 24 read with Section 151 of the CPC, seeks the following prayers: -

“A. Pass an order allowing the present petition and directing the transfer of the Commercial Suit bearing C.S(COMM) No. 141 of 2024 from Court of Ld. District Judge, Commercial Court; District Central, Tis Hazari Court, New Delhi to Ld. Principal District and Session Judge/Ld. Additional District Judge, Central District, Tis Hazari Court, New Delhi and /or;

B. Pass any such further orders as this Hon'ble Court deems fit in the present facts and circumstances.”

3. Learned counsel for the petitioner submits that the latter/plaintiff had instituted the subject suit being C.S. (COMM) No. 141/2024 under Order XXXVII of the CPC for recovery of money due from the respondents/defendants before the Learned District Judge, Commercial Court-13, District Central, Tis Hazari Court, New Delhi.

4. It is the case of the petitioner that on 28.04.2025, the subject suit was listed for final arguments and during the course of the proceedings, learned Commercial Court entertained some doubts regarding the maintainability of the subject suit as a “Commercial Dispute”. However, after hearing the final arguments in part, learned Commercial Court listed the subject suit for further arguments on the aforesaid issue on 16.05.2025.

5. On 16.05.2025, learned Commercial Court formed an opinion that the subject suit is not a “Commercial Dispute”, and recorded the submissions made on behalf of the petitioner/plaintiff. The said order reads as under: -

“The matter is fixed today for further arguments on the issue of maintainability of the present suit as a commercial dispute before this court.

Ld. Counsel for plaintiff states that in case the plaint is returned back to plaintiff at this belated stage when the matter is already fixed for final arguments, after completion of pleadings and recording of evidence, then serious prejudice would be caused to plaintiff as the proceedings of case may start de novo. Hence, she requests for some time for approaching the Hon’ble High Court with request to seek transfer of the case from this court to other ordinary/general court being presided over by Ld. District Judge.

List the matter now on 05.07.2025 for above said purpose/further proceedings.”

6. It is further submitted by the learned counsel for the petitioner that in view of the aforesaid order, petitioner has filed the present transfer petition. It is further submitted that it will be expedient to get the subject suit transferred, instead of getting it returned under Order VII Rule 10 of the CPC, as the same will cause grave prejudice to the petitioner for the reason that all the proceedings, which have taken place in the subject suit will be washed away, and the petitioner would have to start afresh, to seek redressal of his grievance.

7. Learned counsel of the petitioner relies on an order dated 29.07.2024 passed in the subject suit, whereby, it was stated that the “The present case falls within the ambit of a commercial dispute as defined by Section 2(1)(c) of the Commercial Courts Act and as per the mandate of the said Act, it is imperative that a time bound schedule be made for trial and early disposal of the case.”. Learned counsel for the petitioner further submits that on 22.04.2024, no issue with respect to maintainability of the subject suit was framed and the respondents also did not dispute the maintainability of the subject suit in their written statement filed before the learned Commercial Court. In support of the present petition, learned counsel for the petitioner further places reliance upon a judgment passed by the learned Coordinate Bench in Namita Gupta v. Suraj Holdings Limited, 2024 SCC OnLine Del 143.

8. Per contra, learned counsel for the respondents submits that it has been falsely stated in the present petition that, if the