Visionindia Ayurved Private Limited Vs Shri N K Sharma — Arbitration | Delhi HC (2026)

Visionindia Ayurved Private Limited Vs Shri N K Sharma — Arbitration | Delhi HC (2026)

What the court decided

AI extract

Outcome

Transfer of the petitioner's OMP (Comm.) No.9/2025 from District Judge (Commercial Court-04), South East, Saket (now vacant) to District Judge (Commercial Court) (Digital)-07, South East, Saket, where the respondent's OMP (Comm.) No.61/2024 is pending, for joint hearing and disposal; records to be transferred within 10 days and parties to appear before the transferee court; respondent free to press maintainability objections (second Section 34 petition; time bar) there; final arguments in OMP (Comm.) No.61/2024 deferred so both matters are heard together; CM APPL. 10834/2026 (exemption) and pending applications disposed.

Issue for consideration

Whether OMP (Comm.) No.9/2025 filed by the petitioner should be transferred from the now-vacant Commercial Court-04, Saket, to the court of District Judge (Commercial Court) (Digital)-07, Saket, where the respondent's OMP (Comm.) No.61/2024 is pending, so that both petitions are heard and disposed of together by the same court. +1 more

Court's answer

The transfer petition TR.P.(C.) 29/2026 filed by the petitioner under Sections 24 and 151 CPC is allowed.

Ratio / Principle

OMP (Comm.) No.9/2025 is directed to be transferred to the court of learned District Judge (Commercial Court) (Digital)-07, South East, Saket Courts, New Delhi, i.e., the court where the respondent's OMP (Comm.) No.61/2024 is pending.

Key takeaways

The records of OMP (Comm.) No.9/2025 are to be transferred to the concerned court within 10 days, and the parties are directed to appear before the concerned court.ratio¶21
The respondent remains at liberty to raise before the transferee court his objections that the petitioner's OMP (Comm.) No.9/2025 is a second petition under Section 34 of the Arbitration and Conciliation Act, 1996 and is time barred; the maintainability question is left open and not decided here.ratio¶22
Since OMP (Comm.) No.61/2024 was listed for final arguments the next day, the learned District Judge (Commercial Court) (Digital)-07 is requested to defer the hearing on final arguments to a subsequent date and take up OMP (Comm.) No.61/2024 for hearing along with the newly transferred OMP (Comm.) No.9/2025.

Detailed headnote1 paragraphs

Delhi High Court (Hon'ble Mr. Justice Amit Sharma), order dated 19.02.2026 in TR.P.(C.) 29/2026: A transfer petition under Section 24 read with Section 151 of the CPC by Visionindia Ayurved Private Limited was allowed. The petitioner's commercial arbitration petition, OMP (Comm.) No.9/2025 (M/s. Visionindia Ayurved Pvt. Ltd. v. Mr. N.K. Sharma, Proprietor of M/s. Shivalik Enterprises), pending before the now-vacant court of the then District Judge (Commercial Court-04), South East, Saket (Ms. Anu Grover Baliga), stands transferred to the court of District Judge (Commercial Court) (Digital)-07, South East, Saket (Ms. Neerja Bhatia), where the respondent's OMP (Comm.) No.61/2024 is pending, so that both petitions are heard and disposed of together. Records were to move within 10 days, with parties to appear before the transferee court. The respondent's objections that the petitioner's OMP is a second petition under Section 34 of the Arbitration and Conciliation Act, 1996 and is time barred were left open to be agitated before the concerned court. As OMP (Comm.) No.61/2024 was listed for final arguments the following day, the transferee court was requested to defer those final arguments and hear both matters together. CM APPL. 10834/2026 (exemption) and pending applications stood disposed of. No precedent was cited or laid down; the order is procedural.

$~55

IN THE HIGH COURT OF DELHI AT NEW DELHI

- TR.P.(C.) 29/2026

VISIONINDIA AYURVED PRIVATE LIMITED .....Petitioner

Through: Mr. S.P. Srivastava, Advocate (through Vc).

versus

SHRI N K SHARMA .....Respondent Through: Ms. Sonakshi Singh, Advocate. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 19.02.2026

This hearing has been done through hybrid mode.

CM APPL. 10834/2026 (Exemption)

Allowed, subject to all just exceptions. The application is disposed of.

TR.P.(C.) 29/2026

The present petition under Section 24 read with Section 151 of the CPC seeks the following prayers: -

“a) allow the present petition filed by the Petitioner;

b) pass an order directing thereby the petition being OMP (Comm.) No.9/2025 titled M/s. Visionindia Ayurved Pvt. Ltd. V/s. Mr. N.K. Sharma, Proprietor of M/s. Shivalik Enterprises filed by the Petitioner be transferred from the court of the then Ms. Anu Grover Baliga, Distt. Judge (Commercial Court-04) South East, Saket, New Delhi (now a vacant court) to the court of Ms. Neerja BhatiaDistrict Judge (Commercial Court) (Digital)-07, South East, Saket Distt. Courts, New Delhi where petition filed by Respondent being OMP (Comm.) No.61/2024 is pending, so that both the petitions be heard and disposed of together by the same court in accordance with law;

c) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice;”

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 20/02/2026 at 12:54:02

Learned counsel for the respondent, who appears on advance notice, on instructions, submits that she has no objection with regard to the aforesaid prayers subject to allowing the respondent to agitate the objections taken on his behalf with respect to petition filed on behalf of the petitioner. It is pointed out that the said petition is not maintainable on two accounts. Firstly, the same is a second petition under Section 34 of the Arbitration and Conciliation Act, 1996. Secondly, the same being time barred.

In view of the above, the present petition is allowed. The OMP (Comm.) No.9/2025 titled as ‘M/s. Visionindia Ayurved Pvt. Ltd. V/s. Mr. N.K. Sharma, Proprietor of M/s. Shivalik Enterprises’ pending before the Court of learned District Judge (Commercial Court-04), South East, Saket, New Delhi to the Court of learned District Judge (Commercial Court) (Digital)-07, South East, Saket Courts, New Delhi. Let the records of the petition, OMP (Comm.) No.9/2025, be transferred to the concerned Court within a period of 10 days. Parties are directed to appear before the concerned Court accordingly.

The respondent is always at liberty to raise the aforesaid objections before the concerned Court. 7. It is pointed out that OMP (Comm.) No.61/2024 filed by the respondent is listed before the learned District Judge (Commercial Court) (Digital)-07, South-East, Saket District Courts, Delhi, for final arguments tomorrow. 8. In these circumstances, the learned District Judge (Commercial Court) (Digital)-07, South-East, Saket, is requested to defer the hearing on final arguments to a subsequent date, with the convenience of the parties and take the same for hearing along with aforesaid OMP which is now being transferred.

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 20/02/2026 at 12:54:02

The present petition is disposed of accordingly. Pending application(s), if any, also stands disposed of.

Copy of this order be sent to the learned District Judge (Commercial Court) (Digital)-07, South-East, Saket, New Delhi, for necessary information and compliance.

Order be uploaded on the website of this Court forthwith .

AMIT SHARMA, J

FEBRUARY 19, 2026/bsr/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 20/02/2026 at 12:54:02