Mahabir Parsad Vs Abhijeet Anand — Delhi HC (2026) — LawSathi Research

Mahabir Parsad Vs Abhijeet Anand — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The case file of CS (COMM) 4825/2021 was sent back to the learned District Judge (Commercial Court-09), Central District, Tis Hazari Courts for further proceedings in accordance with law; the order with the case file is to be communicated to the concerned District Judge and uploaded on the Court website forthwith.

Issue for consideration

Whether the suit CS (COMM) 4825/2021, referred to the Registrar General for transfer to some other Commercial Court of competent jurisdiction on allegations of judicial bias, ought now to be transferred or returned to Commercial Court-09, Central District, Tis Hazari Courts.

Court's answer

Since the learned Presiding District Judge who had recused himself has been promoted and transferred out of Commercial Court-09, Central District, Tis Hazari Courts, the present case file is sent back to the learned District Judge of that Court for further proceedings in accordance with law; no further orders are called for.

Detailed headnote1 paragraphs

High Court of Delhi at New Delhi (Amit Sharma, J.), TR.P.(C.) 130/2024, order dated 13.02.2026 — Transfer of commercial suit; return of file. The file of CS (COMM) 4825/2021 had been placed before the Registrar General pursuant to an order dated 19.07.2024 of the District Judge (Commercial Court-09), Central District, Tis Hazari Courts, seeking transfer to another Commercial Court because counsel for the respondent-defendant alleged that short dates showed judicial bias in favour of the plaintiff-petitioner, relying on the judgment dated 09.01.2024 in Namita Gupta Vs. Suraj Holdings Limited, CM(M) No. 457/2023, that the general power of transfer of suit under Section 24 CPC vests with the High Court and applies to commercial suits. Holding that the Presiding District Judge who had recused himself has since been promoted (as Principal Judge, Family Court) and transferred, and no longer holds Commercial Court-09, the Court sent the case file back to that Court for further proceedings in accordance with law; no further orders were called for.

$~53

IN THE HIGH COURT OF DELHI AT NEW DELHI

- TR.P.(C.) 130/2024

MAHABIR PARSAD .....Petitioner

Through: Mr. S.B. Pandey, Adv.

versus

ABHIJEET ANAND .....Respondent Through: Respondent in person (through VC)

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R % 13.02.2026

This hearing has been done through hybrid mode.

The matter has been listed before this Court pursuant to a note dated 03.08.2024 made by the Worthy Registrar General of this Court.

The aforesaid said note records that vide order dated 19.07.2024, learned District Judge, (Commercial Court-09), Central District, Tis Hazari Courts, had directed to place the file of suit, CS (COMM) 4825/2021, before the Worthy Registrar General of this Court with a request to transfer the present case to some other Commercial Court of the competent jurisdiction as learned counsel for the respondent-defendant had, during hearing, had stated that short dates were being given in the case thereby, showing that the said Court is biased and wants to pass a decree in favour of the plaintiff-petitioner, and in view of the judgment dated 09.01.2024 rendered in '''Namita Gupta Vs. Suraj Holdings Limited'' in case CM(M) No. 457/2023, whereby it was held that the general power of transfer of suit under Section 24 of the CPC vested

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 17/02/2026 at 12:50:59

with the High Court would be applicable in commercial suits as well, the aforesaid suit was placed before Worthy Registrar General of this Court.

It is pointed out by the learned counsels for the parties that the learned Presiding District Judge who had recused himself has since been promoted and transferred to learned Principal Judge Family Court in different jurisdiction and is not holding the Court of (Commercial Court-09), Central District, Tis Hazari Courts.

In these circumstances, the present case file is sent back to learned District Judge, (Commercial Court-09), Central District, Tis Hazari Courts, for further proceedings in accordance with law.

No further orders are called for.

Order along with the present case file be communicated to learned concerned District Judge, (Commercial Court-09), Central District, Tis Hazari Courts, for necessary information and compliance.

Order be uploaded on the website of this Court, forthwith .

AMIT SHARMA, J

FEBRUARY 13, 2026/nk/ns

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 17/02/2026 at 12:50:59