Sushil Kumar Sahdev v. S K Finance and Leasing Co. & Anr.
Case brief
What is this about?
Keywords: Section 24 CPC transfer petition ratification confirmation; Section 24(1)(b)(ii); Section 15(5) Commercial Courts Act 2015; conversion of civil suit into commercial suit; Order VI rule 17 amendment read with Section 151 CPC; Section 8 Arbitration and Conciliation Act 1996 application; Order 7 rule 10 CPC retrial; written statement filing date reckoned as 24.10.2024; respondent consent to transfer; District Judge Commercial Court-01 South-East Saket Courts; TR.P.(C.) 140/2025 Delhi High Court 13.08.2025; exemption CM APPL. 48014/2025. Relevant when advising on petitions to regularise transfers of suits to Commercial Courts under Section 24 CPC r/w Section 15(5) CC Act and on fixing written-statement dates after such transfers.
What did the court decide?
Transfer of suit CS/DJ/814/2019 to the Commercial Court ratified and confirmed; written statement of respondent no.1 before the Commercial Court to be considered as filed on 24.10.2024; respondent no.1 free to take requisite objections under the CC Act; both parties directed to appear before the Learned District Judge, Commercial Court-01, South-East, Saket Courts, New Delhi, on the date already fixed; copy of order to be sent to that Court for information and compliance. CM APPL. 48014/2025 (exemption) disposed of with exemption granted subject to just exceptions.