Allowed

Nkg Infrastructure Limited v. Brilltech Engineers Pvt. Ltd. & Anr.

Delhi HC14 Feb 2025TR.P.(C.)/107/2024

Case brief

AI extract

What is this about?

The High Court of Delhi allowed a petition seeking the transfer of a commercial suit from the District Judge (Commercial Court) to itself. The court rejected the respondent's objection regarding prejudice, citing Section 24 CPC, as proceedings continue from the same stage post-transfer.

What did the court decide?

Transfer of CS(Comm.) No. 263/2024 from District Judge (Commercial Court)-01, Patiala House Court, to the High Court of Delhi.

Nkg Infrastructure Limited Vs Brilltech Engineers Pvt… — Company and Corporate | Delhi HC (2025)

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$~16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- TR.P.(C.) 107/2024 & CM APPLs. 3371-72/2025

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NKG INFRASTRUCTURE LIMITED .....Petitioner

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Through: Mr. Prakhar Tiwari, Mr. Shikhar Tiwari, Mr. Aalok Tiwari and Ms. Shaily Shukla Tiwari, Advocates

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versus

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BRILLTECH ENGINEERS PVT LTD & ANR. .....Respondents Through: Mr. Ankur Singhal, Advocate for R-1 Mr. Jasbir Bidhuri, Advocate for R-2

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CORAM:

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HON'BLE MR. JUSTICE DINESH KUMAR SHARMA O R D E R % 14.02.2025

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The present petition has been filed seeking the transfer of CS(Comm.) No. 263/2024, pending before the learned District Judge (Commercial Court)-01, Patiala House Court, New Delhi, to this Court.

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Learned counsel for the petitioner submits that he has filed a suit, CS(Comm.) No. 2/2025, titled NKG Infrastructure Limited vs. Brilltech Engineers Pvt. Ltd. & Anr. , before this Court. He further submits that he had initially preferred a counterclaim in CS(Comm.) No. 263/2024.However, the counterclaim was not registered. Subsequently, since the claim exceeded the pecuniary jurisdiction of the District Court, the petitioner filed the countersuit, CS(Comm.) No. 2/2025, before this Court.

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Learned counsel for the petitioner contends that, to avoid any conflict in orders or judgments, it would be in the interest of justice for both suits to

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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 19/02/2025 at 12:10:33

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be tried by the same Court.

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Learned counsel for respondent No. 1 objects to the transfer, arguing that his suit has been pending for the past year and that its transfer would cause prejudice to him. Respondent No. 2 has not opposed the transfer.

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This Court finds no merit in the objection raised by respondent No. 1, as, under Section 24 CPC, once a suit is transferred, proceedings continue from the same stage at which they were pending before the transferor court.

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In view of the above, CS(Comm.) No. 263/2024 is withdrawn from the learned District Judge (Commercial Court)-01, Patiala House Court, New Delhi, and transferred to this Court.

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A copy of this order be sent to the learned Principal District & Sessions Judge, Patiala House Court, New Delhi, who is directed to transmit the entire record of CS(Comm.) No. 263/2024 to this Court.

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The parties shall appear before the learned Registrar General on 28.02.2025.

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Copy of the order be also sent to the learned Registrar General. The present petition alongwith pending applications, stands disposed

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of.

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DINESH KUMAR SHARMA, J

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FEBRUARY 14, 2025 N/NA

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This is a digitally signed order.

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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 19/02/2025 at 12:10:33

Nkg Infrastructure Limited v. Brilltech Engineers Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

Nkg Infrastructure Limited v. Brilltech Engineers Pvt. Ltd. & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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