Transfer petition allowed: two commercial suits arising from same transaction consolidated by transferring one to the court where the other is pending.
Transfer petition allowed; CS(COMM) 207/2023 transferred to the court of DJ(Comm), Central, Tis Hazari where CS(COMM) 145/2023 is pending. ¶¶32
CS (Comm) no. 207/2023 entitled 'Dharmender vs. M/s Mumbai Cafe and Bar Pvt. Ltd. & Ors.' pending before the Court of learned DJ (Comm), Central, Tis Hazari Courts, Delhi is hereby transferred to the Court of learned DJ(Comm), Central, Tis Hazari Courts, Delhi, where the matter being 'Lakeforest Wines Pvt. Ltd. vs. Mumbai Cafe and Bar Pvt Ltd & Ors.' bearing no. CS(Comm) No. 145/2023 is pending, with a direction to commence the proceeding(s) thereof from the stage at which it was before. ¶¶29
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
M/S MUMBAI CAFE AND BAR PVT LTD & ORS.....Petitioners Through: Mr. Shivam Gupta, Advocate (Through VC)
versus
M/S LAKEFOREST WINES PVT LTD & ANR. .....Respondents Through: None.
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R % 09.12.2025
“a. Transfer the suit titled as " Lakeforest Wines Pvt. Ltd. Vs. Mumbai Cafe and Bar Pvt Ltd and Ors . bearing CS(Comm) No. 145/2023" pending before the court of Sh. Umed Singh, DJ(Comm), Central, Tis Hazari Court, Delhi to the court of Sh. Deepak Garg, OJ (Comm), Central, Tis Hazari Court, Delhi.
OR
b. Transfer the suit titled as " Dharmender vs M/s Mumbai Cafe and Bar Pvt. Ltd. and Ors. bearing CS (comm) no. 207/2023" pending before the Court of Sh. Deepak Garg, OJ (Comm), Central, Tis Hazari Court, Delhi to the court of Sh. Umed Singh, DJ(Comm), Central, Tis Hazari Court, Delhi.”
This is a digitally signed order.
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“ (A) A decree for a sum of Rs.3,66,071 (Three Lakh Sixty Six Thousand and Seventy One) only be passed in favor of plaintiff and against the defendants by this Hon’ble Court.
(B) Through the same decree this Hon'ble Court may also award 12% interest pendente-lite on the aforesaid amount and interest in future till realization.
(C) Through the same decree this Hon'ble Court may also grant the cost of the petition to the plaintiff as against the defendants. ”
“ (A) A decree for a sum of Rs. 4,76,470 ( Four Lakh Seventy Six Thousand Four Hundred Seventy only) only be passed in favor of the plaintiff against· de defendants by this Hon'ble Court.
(B) Through the same decree this Hon'hle Court may also award 12% interest pendente-lite on the aforesaid amow1t and interest in future till realization.
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conferencing has drawn the attention of this Court to a copy of the receipt(s) of purchase dated 21.04.2021 and submits that though the respondent nos.1 and 2 have instituted two separate suits, however, as evident therefrom, they are very much arising out of the same cause of action(s) and the same transaction(s).
This is a digitally signed order.
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SAURABH BANERJEE, J
DECEMBER 9, 2025/NA
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 11/12/2025 at 13:02:13
1 issue framed by the court
Whether the two suits CS(COMM) 145/2023 and CS(COMM) 207/2023 arising out of the same cause of action and transaction should be transferred to the same court for joint hearing.¶¶24
1 provisions across 1 enactments
How this case reached the court
Transfer petition under Section 24 CPC seeking transfer of suit CS(COMM) 145/2023 pending before Court of Sh. Umed Singh, DJ(Comm), Central, Tis Hazari Court, Delhi to Court of Sh. Deepak Garg, OJ(Comm), Central, Tis Hazari Court, Delhi OR transfer of suit CS(COMM) 207/2023 pending before Court of Sh. Deepak Garg to Court of Sh. Umed Singh.¶¶10-¶13
Court of Sh. Umed Singh, DJ(Comm), Central, Tis Hazari Court, Delhi and Court of Sh. Deepak Garg, OJ(Comm), Central, Tis Hazari Court, Delhi
Suit CS(COMM) 145/2023 filed by Lakeforest Wines Pvt Ltd against Mumbai Cafe and Bar Pvt Ltd & Ors claiming Rs. 3,66,071 with 12% interest and costs.¶¶14-¶19
Suit CS(COMM) 207/2023 filed by Dharmender against Mumbai Cafe and Bar Pvt Ltd & Ors claiming Rs. 4,76,470 with 12% interest and costs.¶¶20-¶23
As recorded by the court registry
A petition to transfer a civil case from one court to another.
Judgements on the same questions, provisions and authorities, from every court
