Full Judgment
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ TR.P.(C.) 132/2025 & CM APPL. 44924/2025 ANIKET KUMAR .....Petitioner Through: Mr. Neeraj Sood, Advocate
versus
KOMAL PRASAD .....Respondent Through: Mr. Raghu Nath Dubey, Advocate (VC)
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 28.03.2026
1. This hearing has been done through hybrid mode.
2. The present matter was listed on 02.03.2026. On account of 02.03.2026 being declared as a holiday vide notification no. 64/G-4/Genl.-I/DHC dated 27.02.2026, the same is being taken up for hearing today.
3. The present petition under Section 24 of the CPC, read with Section 15 of the Commercial Courts Act, 2015, seeks the following prayers: -
“(a) Call for the records in the file case titled “Komal Prasad vs Shri Aniket Kumar” pending before the registered as CS (COMM) Shahdara, Karkarduma Courts, Delhi;
(b) Transfer the Case titled “Komal Prasad vs Shri Aniket Kumar”
registered as CS (COMM) 103/2025 Pending before the Ld Ms Kiran Bansal, DJ (COMM)-02, Shahdara, Karkarduma Courts, Delhi to Ld Sh. Raj Kumar DJ (COMM)-01, Dwarka Courts, New Delhi”
4. Learned counsel appearing on behalf of the respondent submits that an
application under Sections 10, 11 and 12 of CPC has been preferred by the respondent in the commercial suit instituted by the petitioner, being CS (COMM) No. 222/2025, and the same is pending adjudication before learned District Judge-01, Commercial Courts, South West District, Dwarka Courts, New Delhi.
5. Learned counsel appearing on behalf of the petitioner submits that he
does not wish to press his prayer qua transfer of commercial suit instituted by the respondent, being CS (COMM) No. 103/ 2025, pending before learned Courts, Delhi, to learned District Judge-01, Commercial Courts, South West District, Dwarka Courts, New Delhi. It was further submitted that the instituted by the respondent, being CS (COMM) No. 103/ 2025.
6. Learned counsel appearing on behalf of the respondent has no objection to the same; however, he submits that the aforesaid application filed under Sections 10, 11 and 12 of CPC may be decided on its own merits.
7. Ergo, in view of the above, the present petition is disposed of and the South West District, Dwarka Courts, New Delhi, is transferred to learned Courts, New Delhi.
8. Let the records of the said commercial suit be transferred to the concerned Court within a period of 10 days. Parties are directed to appear
before the concerned Court accordingly. It is clarified that the learned Transferee Court will proceed with the commercial suit from the stage at which it is being transferred.
9. Needless to state that the aforesaid application filed by the respondent under Sections 10, 11 and 12 CPC, shall be decided by the concerned learned Transferee Court, in accordance with law.
10. Pending application(s), if any, also stands disposed of.
11. Copy of this order be communicated to the learned District Judge-01,
Commercial Courts, South West District, Dwarka Courts, New Delhi and learned District Judge-02, Commercial Courts, Shahdara District, Karkardooma Courts, New Delhi, for necessary information and compliance.
12. Order be uploaded on the website of this Court, forthwith. AMIT SHARMA, J MARCH 28, 2026 dy