Gurdip Singh Vs Jagdeep Singh Malik — Delhi HC (2025) — LawSathi Research

Gurdip Singh Vs Jagdeep Singh Malik — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of suit CSDJ No. 209/2020 titled 'Gurdip Singh Vs. Jagdeep Singh Malik' from the learned District Judge-04, South East, Saket Courts, New Delhi to the Court of the learned District Judge (Commercial), South-East District, Saket District Court, New Delhi, with proceedings to commence from the stage already reached; transmission of the entire record directed; copy of order to the learned Principal District and Sessions Judge, South East, for information and compliance.

Issue for consideration

Whether the transfer petition under Section 24 CPC should be allowed and suit CSDJ No. 209/2020 transferred from the learned District Judge-04, South East, Saket Courts, New Delhi (ordinary civil court) to the learned District Judge (Commercial), South-East District, Saket District Court, New Delhi. +1 more

Court's answer

The transfer petition is allowed, in view of the judgment in Namita Gupta v. Suraj Holding [CM(M) No. 457/2023], the order dated 29.10.2025 in ACME Resources Limited v. Sagar Narang [TR.P.(C)169/2023], and the statement of no objection by learned counsel for the respondent.

Ratio / Principle

CSDJ No. 209/2020 titled 'Gurdip Singh Vs. Jagdeep Singh Malik' is transferred from the learned District Judge-04, South East, Saket Courts, New Delhi to the Court of the learned District Judge (Commercial), South-East District, Saket District Court, New Delhi.

Key takeaways

The transferred proceedings are to commence from the stage at which they stood before the transfer.ratio¶13
The learned District Judge-04, South East, Saket Courts, New Delhi is directed to send the entire record pertaining to CSDJ No. 209/2020 to the Court of the learned District Judge (Commercial), South-East District, Saket District Court, New Delhi.ratio¶13
A copy of the order is to be sent to the Court of the learned Principal District and Sessions Judge, South East, Saket Courts, New Delhi, for information and compliance.

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.) allowed a transfer petition under Section 24 of the Code of Civil Procedure, 1908 and directed transfer of suit CSDJ No. 209/2020 titled 'Gurdip Singh Vs. Jagdeep Singh Malik' — described by counsel as a commercial dispute under Section 2(1)(c)(vii) of the Commercial Courts Act, 2015, inadvertently filed before an ordinary civil court — from the learned District Judge-04, South East, Saket Courts, New Delhi to the Court of the learned District Judge (Commercial), South-East District, Saket District Court, New Delhi. The petition was allowed in view of the coordinate Bench decision in Namita Gupta v. Suraj Holding [CM(M) No. 457/2023], the order dated 29.10.2025 of the same Bench in ACME Resources Limited v. Sagar Narang [TR.P.(C)169/2023], and the respondent's stated no-objection. The transferred proceedings were directed to commence from the stage already reached; the transferring court was directed to send the entire record to the commercial court; and a copy of the order was directed to be sent to the learned Principal District and Sessions Judge, South East, for information and compliance.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

TR.P.(C.) 170/2025 GURDIP SINGH .....Petitioner Through: Ms. Sangeeta Chandra, Adv. (DHCLSC) alongwith Ms. Nidhi Garg, Adv. versus JAGDEEP SINGH MALIK .....Respondent Through: Mr. Faisal Zafar, Adv. (through VC)

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R

% 17.11.2025

By way of the present petition under Section 24 of the Code of Civil Procedure, 1908 ( CPC ), the petitioner seeks transfer of suit being CSDJ No. 209/2020 titled “ Gurdip Singh Vs. Jagdeep Singh Malik presently pending before the learned District Judge-04, South East, Saket Courts, New Delhi to the learned District Judge (Commercial), South-East District, Saket District Court, New Delhi.

Learned counsel for the petitioner submits that the aforesaid suit/ lis pending before the learned Trial Court is a commercial dispute under Section 2(1)(c)(vii) of the Commercial Courts Act, 2015 which was inadvertently filed by the petitioner/ plaintiff before an ordinary civil court and can be exclusively tried by a commercial court. 3. Learned counsel for the petitioner placing reliance upon a judgment rendered by a coordinate Bench of this Court in Namita Gupta v. Suraj Holding [CM(M) No. 457/2023], submits that under similar circumstances, the transfer petition therein was allowed. She further submits that the respondent in the present case also has no objection if the present petition is allowed.

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 19/11/2025 at 14:41:48

Learned counsel for the respondent, appearing through video conferencing, submits that he has no objection if the present petition is allowed and the relief sought therein is granted.

As such, in view of the judgment rendered by a coordinate Bench of this Court in Namita Gupta v. Suraj Holding [CM(M) No. 457/2023] , and order dated 29.10.2025 passed by this Bench in ACME Resources Limited v. Sagar Narang [TR.P.(C)169/2023] and in view of the aforesaid statement made by the learned counsel for respondent, the present petition is allowed.

In view thereof, CSDJ No. 209/2020 titled “ Gurdip Singh Vs. Jagdeep Singh Malik ” presently pending before the learned District Judge-04, South East, Saket Courts, New Delhi is transferred to the Court of the learned District Judge (Commercial), South-East District, Saket District Court, New Delhi, with a direction to commence the proceeding(s) thereof from the stage which it was before. 7. The learned District Judge-04, South East, Saket Courts, New Delhi is directed to send the entire record pertaining to CSDJ No. 209/2020 titled “ Gurdip Singh Vs. Jagdeep Singh Malik ” to the Court of the learned District Judge (Commercial), South-East District, Saket District Court, New Delhi.

A copy of the present order be sent to Court of the the learned Principal District and Sessions Judge, South East, Saket Courts, New Delhi, for information and compliance.

SAURABH BANERJEE, J.

NOVEMBER 17, 2025/ bh

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 19/11/2025 at 14:41:48