Namita Gupta vs Suraj Holdings Limited on 9 January, 2024
46. The same view was reiterated by the High Court of Andhra
Pradesh in Andhra Pradesh Industrial Infrastructure Corporation
(APIIC) (Supra). The Court held that a petition under Section 24 of
the CPC seeking transfer of the Suit from one Commercial Court to
another Commercial Court on the ground that the Court in which the
said Suit was instituted lacks territorial jurisdiction, is misconceived
and unsustainable, and the same has to be dealt only under Order VII,
Rule 10 of the CPC. However, I must here itself note that in reaching
the said conclusion, the prime focus of the Court was only on Section
15 of the Act, as the petition filed therein, though filed under Section
24 of the CPC, was relying and invoking only Section 15 of the Act.
With respect, the Court did not give any reasons to exclude the
applicability of Section 24 of the CPC to the Suit relating to a
Commercial Dispute of a specified value.