Zulfiquar Ahmed Vs Mohd Azam Khan — Delhi HC (2026) — LawSathi Research

Zulfiquar Ahmed Vs Mohd Azam Khan — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Present case file (Counter Claim No. 25/2025 in CS (COMM) 25/2025) sent back to the learned District Judge, (Commercial Court-13), Central District, Tis Hazari Courts, for further proceedings in accordance with law; the order along with the case file to be communicated to the concerned District Judge and uploaded on the Court website forthwith.

Issue for consideration

Whether, given that the Presiding Officer of (Commercial Court-13), Central District, Tis Hazari Courts who had recused himself has since been transferred and no longer holds that Court, the case file of Counter Claim No. 25/2025 in CS (COMM) 25/2025 should be sent back to that Court for further proceedings.

Court's answer

Since the learned Presiding District Judge who had recused himself has been transferred to a different Court and is not holding the Court of (Commercial Court-13), Central District, Tis Hazari Courts, the present case file is sent back to the learned District Judge, (Commercial Court-13), Central District, Tis Hazari Courts, for further proceedings in accordance with law.

Detailed headnote1 paragraphs

Delhi High Court (Amit Sharma, J.), order dated 04.02.2026 in TR.P.(C.) 211/2025 (Zulfiqar Ahmed v. Mohd Azam Khan): Acting on the Registrar General's note dated 20.11.2025, the Court noted that the file of Counter Claim No. 25/2025 in CS (COMM) 25/2025 - a suit instituted by the respondent before (Commercial Court-13), Central District, Tis Hazari Courts - had been placed before the Registrar General because the Presiding Officer had recused himself, contempt proceedings having been initiated against counsel for the counter claimant, and in view of the judgment dated 09.01.2024 in Namita Gupta Vs. Suraj Holdings Limited, CM(M) No. 457/2023, whereby it was held that the general power of transfer of suit under Section 24 of the CPC vested with the High Court applies to commercial suits as well. As the recused Presiding District Judge has since been transferred and no longer holds Commercial Court-13, the Court sent the case file back to that Court for further proceedings in accordance with law, found no further orders necessary, and directed that the order along with the case file be communicated to the concerned District Judge and uploaded forthwith.

$~59

IN THE HIGH COURT OF DELHI AT NEW DELHI

- TR.P.(C.) 211/2025

ZULFIQUAR AHMED .....Petitioner

Through: Mr. Rakesh Kumar, Advocate.

versus

MOHD AZAM KHAN .....Respondent Through: Mr. Lakshay Kumar, Advocate.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 04.02.2026 1. This hearing has been done through hybrid mode.

The matter has been listed before this Court pursuant to the observations contained in note dated 20.11.2025 made by the Worthy Registrar General of this Court.

The aforesaid said note records that vide order dated 14.11.2025, learned District Judge, (Commercial Court-13), Central Distt., Tis Hazari Courts, had directed to place the file of Counter Claim No. 25/2025 in CS (COMM) 25/2025 before the Worthy Registrar General of this Court as file of said main suit, CS (COMM) 25/2025, instituted by the respondent herein, had already been directed to be placed before Worthy Registrar General to transfer the said case to some other Commercial Court of the competent jurisdiction as learned Presiding Officer in said suit had recused himself from hearing the same as contempt proceedings were initiated by said Court against learned counsel representing the counter claimant in the present case, and in

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 09/02/2026 at 12:46:00

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 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 transferred to a different Court and is not holding the Court of (Commercial Court-13), Central District, Tis Hazari Courts.

In these circumstances, the present case file is sent back to learned District Judge, (Commercial Court-13), 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-13), Central District, Tis Hazari Courts, for necessary information and compliance.

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

AMIT SHARMA, J

FEBRUARY 4, 2026/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 09/02/2026 at 12:46:00