Sabherwal Service Station Vs Rc Tours and Travels & Anr. — Delhi HC (2025) — LawSathi Research

Sabherwal Service Station Vs Rc Tours and Travels & Anr. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer petition allowed and disposed of: Civil Suit CS 69/2020 ('M/s Sabharwal Service Station v. RC Tours and Travels & Ors.') transferred from the learned District Judge-05, New Delhi, Patiala House Courts to the concerned Commercial Court, New Delhi, Patiala House Courts; District Judge-05 directed to send the entire record pertaining to CS 69/2020 to the concerned Commercial Court, and a copy of the order to be sent to the learned District Judge, New Delhi, Patiala House Courts for compliance.

Issue for consideration

Whether Civil Suit CS 69/2020 ('M/s Sabharwal Service Station vs. RC Tours and Travels & Ors.'), a commercial dispute under Sections 2(l)(c)(xviii) and 2(1)(i) of the Commercial Courts Act, 2015 inadvertently filed before an ordinary civil court, should be transferred from the learned District Judge-05, New Delhi, Patiala House Courts to the competent Commercial Court.

Court's answer

The Court held that the lis before the learned Trial Court is a commercial dispute under Sections 2(l)(c)(xviii) and 2(1)(i) of the Commercial Courts Act, 2015, which was inadvertently filed by the petitioner/plaintiff before an ordinary civil court and which can be exclusively tried by a commercial court.

Ratio / Principle

On that basis, and in view of the coordinate-Bench decisions in Namita Gupta v. Suraj Holding (CM(M) No. 457/2023) and ACME Resources Limited v. Sagar Narang (TR.P.(C)169/2023), the Court transferred Civil Suit CS 69/2020 pending before the learned District Judge-05, New Delhi, Patiala House Courts to the concerned Commercial Court, New Delhi, Patiala House Courts.

Detailed headnote1 paragraphs

Transfer Petition — TR.P.(C.) 40/2025, High Court of Delhi (Saurabh Banerjee, J.), decided 06.11.2025 — ALLOWED AND DISPOSED OF. Respondents (RC Tours and Travels & Anr.), though duly served, did not appear and were proceeded ex-parte with their right to respond closed. Petitioner sought transfer of Civil Suit CS 69/2020 ('M/s Sabharwal Service Station vs. RC Tours and Travels & Ors.'), pending before the learned District Judge-05, New Delhi, Patiala House Courts, to the competent Commercial Court, the suit having been inadvertently filed in an ordinary civil court despite being a commercial dispute under Sections 2(l)(c)(xviii) and 2(1)(i) of the Commercial Courts Act, 2015, exclusively triable by a commercial court. Reliance was placed on the coordinate-Bench decisions in Namita Gupta v. Suraj Holding (CM(M) No. 457/2023) and ACME Resources Limited v. Sagar Narang (TR.P.(C)169/2023, order dated 29.10.2025 of this Bench). CS 69/2020 was accordingly transferred to the concerned Commercial Court, New Delhi, Patiala House Courts, with directions to transmit the entire record and send a copy of the order for compliance.

$~53

IN THE HIGH COURT OF DELHI AT NEW DELHI

- TR.P.(C.) 40/2025

SABHERWAL SERVICE STATION .....Petitioner Through: Mr. Rishabh Duggal and Mr. Ram Kuber Singh, Advocates.

versus

RC TOURS AND TRAVELS & ANR. .....Respondents Through: None.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 06.11.2025

As per affidavit of service, respondent nos.1 and 2 have been duly served, however, there is no appearance on behalf of the respondents even though the matter was called twice. As such, respondents are proceeded ex-parte and their right to file a response is closed.

By virtue of the present petition, petitioner seeks transfer of civil suit bearing number CS 69 /2020 entitled “M/s Sabharwal Service Station vs. RC Tours and Travels & Ors.” , pending before the learned District Judge-05, New Delhi, Patiala House Courts to the competent Commercial Court.

Considering that the lis before the learned Trial Court is a commercial dispute under Section 2(l)(c)(xviii) and Section 2 (1)(i) of the Commercial Courts Act, 2015, which was inadvertently filed by the petitioner/ plaintiff before an ordinary civil court, and which can be

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 10/11/2025 at 15:51:19

exclusively tried by a commercial court as also 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) the present petition is allowed.

In view thereof, Civil Suit bearing number CS 69 /2020 captioned as “M/s Sabharwal Service Station v. RC Tours and Travels & Ors.” , pending before the learned District Judge -05, New Delhi, Patiala House Courts is transferred to concerned Commercial Court, New Delhi, Patiala House Courts.

The learned District Judge-05, New Delhi, Patiala House Courts is directed to send the entire record pertaining to CS 69 /2020 captioned as “ M/s Sabharwal Service Station v. RC Tours and Travels & Ors. ” to the concerned commercial Court, New Delhi, Patiala House Courts.

A copy of the present order be sent to the learned District Judge, New Delhi, Patiala House Courts for compliance.

Accordingly, the present transfer petition is allowed and disposed of.

SAURABH BANERJEE, J

NOVEMBER 6, 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 10/11/2025 at 15:51:19