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Delhi High Court - Orders

Mohinder Kumar Gandhi vs M/S Cbm Industries Pvt Ltd on 7 April, 2026

Author: Amit Sharma

Bench: Amit Sharma

                          $~62
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         TR.P.(C.) 76/2026
                                    MOHINDER KUMAR GANDHI                                                           .....Petitioner
                                                                  Through:            Mr. Dheeraj Kumar and Ms. Neetu
                                                                                      Singh, Advocates.
                                                 versus
                                    M/S CBM INDUSTRIES PVT LTD             .....Respondent
                                                 Through: Ms. Himadri Sharma, Advocate.

                                    CORAM:
                                    HON'BLE MR. JUSTICE AMIT SHARMA
                                                       ORDER

% 07.04.2026

1. This hearing has been done through hybrid mode. CM APPL. 22166/2026 (Exemption)

2. Allowed, subject to all just exceptions. The application is disposed of. TR.P.(C.) 76/2026

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

"a. To Club the aforementioned Civil case bearing no. CS no. 111 / 2024 tided as " M / S CAPITAL PLASTIC HOUSE VS M/S CBM INDUSTRIES PVT. LTD ." pending before the court of CCJ cum Addl. Rent Controller , Central District, Tis Hazari Courts, Delhi and the case bearing no. CS (COMM )/1110/ 2024 titled as " M / S CBM INDUSTRIES PVT. LTD.VS M / S CAPITAL PLASTIC HOUSE"

pending before the court of District Judge (Commercial Court - 13) , Central District , Tis Hazari Courts , Delhi , before the one and the same court , in the interest of justice.

b. To pass any other / further order (s) that this Hon'ble Court deem fit and proper in view of the aforementioned facts and circumstances.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/04/2026 at 21:54:36 IT IS PRAYED ACCORDINGLY."

4. By way of the present petition, the petitioner seeks transfer of suit, CS SCJ No.111/2024 titled as "M/s Capital Plastic House Through Its AR v. CBM Industries P Limited" pending in the Court of learned Senior Civil Judge-cum-RC, Central, Tis Hazari Courts, Delhi, to the Court of learned District Judge (Commercial Court)-13, Central, Tis Hazari Courts, Delhi, where suit, CS (COMM) 1110/2024, titled as "CBM Industries Pvt. Ltd. Through AR v. Mohinder Kumar Gandhi Prop. of Capital Plastic House" is pending.

5. Learned counsel for the petitioner submits that both the suits arise out of the same cause of action and it will be in the interest of justice as also to avoid multiplicity of proceedings that both of them are tried by a same Court.

6. Learned counsel for the respondent, who appears on an advance notice, fairly submits that she has no objection, in case the present petition is allowed and both the suits are jointly tried by a same Court.

7. In view of the aforesaid facts and circumstances of the present case, the present petition is allowed and disposed of with direction that suit, CS SCJ No.111/2024 titled as "M/s Capital Plastic House Through Its AR v. CBM Industries P Limited" pending in the Court of learned Senior Civil Judge-cum- RC, Central, Tis Hazari Courts, Delhi, be transferred to the Court of learned District Judge (Commercial Court)-13, Central, Tis Hazari Courts, Delhi, where suit, CS (COMM) 1110/2024, titled as "CBM Industries Pvt. Ltd. Through AR v. Mohinder Kumar Gandhi Prop. of Capital Plastic House" is pending.

8. Let the records of the aforesaid suit be transferred to the concerned Court within a period of 10 days. The said suit shall be proceeded from the This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/04/2026 at 21:54:36 stage, it is being transferred and shall be tried along with suit, CS(COMM) 1110/2024. Parties are directed to appear before the concerned Court accordingly.

9. Pending applications, if any, also stand disposed of accordingly.

10. Copy of the order be sent to the learned Senior Civil Judge-cum-RC, Central, Tis Hazari Courts, Delhi, as well as learned District Judge (Commercial Court)-13, Central, Tis Hazari Courts, Delhi, for necessary information and compliance.

11. Order be uploaded on the website of this Court, forthwith.

AMIT SHARMA, J APRIL 7, 2026/nk/ns This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/04/2026 at 21:54:36