Delhi High Court - Orders
Suraj Prakash vs Neeraj Kumar & Ors on 24 April, 2023
Author: Rekha Palli
Bench: Rekha Palli
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 3/2023
SURAJ PRAKASH ..... Petitioner
Through: Mr.Amit Vohra, Adv.
versus
NEERAJ KUMAR & ORS. ..... Respondent
Through: Mr.Shekhar Guputa, Adv for R-1 to 3.
Mr.Naresh Gupta, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 24.04.2023
1. The present petition has been preferred seeking transfer of a Civil Suit being CS No.800/2021 titled Suraj Prakash v. Neeraj Kumar & Ors. pending before the Court of the learned ADJ, Central, Tis Hazari Courts to the Commercial Court, in the same District.
2. Learned counsel for the petitioner submits that the suit, which was in fact is in the nature of a commercial suit was inadvertently filed as an ordinary civil suit. He, therefore, contends that the suit to be transferred to the Commercial Court by this Court under exercise of its power under Section 24 CPC.
3. On the other hand, learned counsel for the respondent seeks to contend that the petitioner having not complied with the mandatory procedural requirements for filing a commercial suit, cannot now be permitted to seek to change the very nature of the suit filed by him. The suit having been filed as an ordinary civil suit cannot now be Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:25.04.2023 16:55:38 converted to a commercial suit.
4. Both sides pray for and are granted time to cite case law in support of their respective contentions.
5. List on 11.05.2023.
6. Interim orders to continue, till the next date.
REKHA PALLI, J APRIL 24, 2023 sr Signature Not Verified Digitally Signed By:AWANISH CHANDRA MISHRA Signing Date:25.04.2023 16:55:38