Namita Gupta vs Suraj Holdings Limited on 21 March, 2023

[Cites 2, Cited by 0]

Delhi High Court - Orders

Namita Gupta vs Suraj Holdings Limited on 21 March, 2023

Bench: Tushar Rao Gedela

                          $~52
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CM(M) 457/2023
                                 NAMITA GUPTA                                       ..... Petitioner
                                                    Through:     Mr. Bhuvan Gurnani and                Mr.
                                                                 Rupender Sharma, Advocates.

                                                    versus

                                 SURAJ HOLDINGS LIMITED                             ..... Respondent
                                                    Through:     None.

                                 CORAM:
                                 HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                              ORDER

% 21.03.2023 [ The proceeding has been conducted through Hybrid mode ] CM APPL. 13614/2023 (for exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

CM(M) 457/2023 & CM APPL. 13615/2023 (for stay)

3. Petitioner challenges the orders dated 06.03.2023 and 14.03.2023 in CS DJ 708/19 titled as "M/S Suraj Holdings Ltd. vs. Namita Gupta" whereby the learned Trial Court had, after concluding that the dispute between the parties is commercial in nature, placed the matter before the learned Principal District & Sessions Judge, South East, Saket, New Delhi for appropriate orders.

4. Petitioner also challenges the order dated 14.03.2023, whereby the learned Principal District & Sessions Judge, South East, Saket, Signature Not Verified Digitally Signed CM(M) 457/2023 1 By:VINOD KUMAR Signing Date:27.03.2023 12:45:37 New Delhi has transferred the suit pending in the non-commercial Court to the Designated Court under the Commercial Courts Act, 2015 with a direction to proceed further in accordance with law.

5. Learned counsel draws attention to the judgment of this Court whereby, this Court has considered the aspect that in respect of those cases, which do not fall under Section 15 (2) of the Commercial Courts Act, 2015, the District Judge does not have the competence to transfer matters of commercial nature pending in non-commercial courts to that of the Designated Court under the Commercial Courts Act, 2015.

6. Mr. Gurnani, learned counsel further relies upon the orders dated 29.07.2022 in CM(M) 693/2022 where notices in similar petitions were also issued and which are now listed on 16.08.2023.

7. Mr. Gurnani, learned counsel also further submits that by order dated 25.08.2022, this Court, in the aforesaid CM(M) 693/2022 had granted stay of the proceedings before the Court, to which the suit was transferred in that case and makes a similar request in the present petition.

8. In view of the aforesaid, issue notice. Upon petitioner taking steps within a week, notice may be served through all permissible modes. Additionally, through learned counsel appearing for the respondents before the Trial Court.

9. Reply, if any, be filed within four weeks. Rejoinder thereto, if any, be filed within two weeks thereafter.

10. List along with CM(M) 693/2022 on the date already fixed i.e., 16.08.2023.

Signature Not Verified Digitally Signed CM(M) 457/2023 2 By:VINOD KUMAR Signing Date:27.03.2023 12:45:37

11. In the meantime, the proceedings before the Designated Commercial Court in respect of the aforesaid suit shall remain stayed till the next date of hearing.

12. The orders dated 29.07.2022 and 25.08.2022 in CM(M) 693/2022 are taken on record.

TUSHAR RAO GEDELA, J MARCH 21, 2023/nd Signature Not Verified Digitally Signed CM(M) 457/2023 3 By:VINOD KUMAR Signing Date:27.03.2023 12:45:37

Unlock Advanced Research with PRISMAI

Delhi High Court - Orders