M/S Gnc Infra LLP v. M/S Machine Tools Aids (India)

Delhi HC17 Apr 2026TR.P.(C.)/81/2026

Case brief

AI extract

What is this about?

Transfer petition under Section 24 read with Section 151 CPC; re-transfer of commercial suit CS (Comm) No. 350/2020 (GNC Infra LLP v. Machine Tools Aids (India)) to the same District Judge (Commercial-06), South East District, Saket Courts, New Delhi; mutual waiver/acquiescence of territorial jurisdiction by both parties; respondent raised no objection; suit to proceed from stage of transfer; Delhi High Court order dated 17.04.2026 by Justice Amit Sharma.

What did the court decide?

Suit CS (Comm) No. 350/2020 re-transferred to the same Court (learned District Judge (Commercial-06), South East District, Saket Courts, New Delhi); parties directed to appear before the concerned Court; trial court to proceed from the stage of transfer; pending application(s) disposed of accordingly. ¶¶24

M/S Gnc Infra LLP Vs M/S Machine Tools Aids (India) — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶24

Issue for consideration

Whether the petition under Section 24 read with Section 151 CPC seeking withdrawal and re-transfer of CS (Comm) No. 350/2020 to the same Court of the District Judge (Commercial-06), South East District, Saket Courts, New Delhi, should be allowed, both parties having waived/acquiesced in that Court's territorial jurisdiction.

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Court's answer

The petition is disposed of with direction that suit CS (Comm) No. 350/2020, pending before the Court of learned District Judge (Commercial-06), South East District, Saket Courts, New Delhi, is re-transferred to the same Court, and the parties are directed to appear before the concerned Court accordingly.

¶¶24

Ratio / Principle

The learned Trial Court shall proceed with the transferred suit from the stage at which it is being transferred.

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Detailed headnote1 paragraphs

Delhi High Court (Justice Amit Sharma), by order dated 17.04.2026, disposed of TR.P.(C.) 81/2026 & CM APPL. 25349/2026 — a petition by M/s GNC Infra LLP under Section 24 read with Section 151 CPC praying withdrawal and re-transfer of CS (Comm) No. 350/2020, 'M/s GNC Infra LLP v. M/s Machine Tools Aids (India)', to the very Court of the District Judge (Commercial-06), South East District, Saket Courts, New Delhi, where the suit was already pending. The occasion was the trial court's order of 01.04.2026 noting that counsel for both sides wanted that court to adjudicate the suit, both having waived/acquiesced in its territorial jurisdiction, with plaintiff's counsel to seek a High Court direction as an abundant precaution. The respondent raised no objection before the High Court. The Court re-transferred the suit to the same Court, directed the parties to appear there, and directed the trial court to proceed with the suit from the stage of transfer; pending applications stood disposed of. Companion exemption application CM APPL. 25348/2026 was allowed subject to just exceptions.

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$~63

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- TR.P.(C.) 81/2026 & CM APPL. 25349/2026

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M/S GNC INFRA LLP .....Petitioner

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Through: Mr. Alok Bhachawat, Mr. Sumeet Singh, Mr. Ishan Jain and Mr. Manish Chaurasiya, Advocates.

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versus

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M/S MACHINE TOOLS AIDS (INDIA) .....Respondent Through: Mr. R.C. Tiwari and Ms. Suman Sharma, Advocates.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R

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% 17.04.2026

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This hearing has been done through hybrid mode.

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CM APPL. 25348/2026 (Exemption)

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Allowed, subject to all just exceptions. Application is disposed of.

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TR.P.(C.) 81/2026 & CM APPL. 25349/2026

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

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“(a) Withdraw case bearing CS (Comm) No. 350/2020 titled "M/s GNC Infra LLP v. M/s Machine Tools Aids (India)" from the Ld. Court of Ms. Neera Bharihike, District Judge (Commercial - 06), South East District, Saket Courts, New Delhi and re-transfer the same to the Ld. Court of Ms. Neera Bharihike, District Judge (Commercial 06), South East District, Saket Courts, New Delhi; and/ or

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(b) Pass such other and further orders that this Hon'ble Court deems fit and proper in the present circumstances.”

¶19

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 20/04/2026 at 15:28:47

¶20

By way of the present petition, the petitioner is seeking transfer of suit being CS (Comm) No. 350/2020 titled “M/s GNC Infra LLP v. M/s Machine Tools Aids (India)” pending before the Court of learned District Judge (Commercial-06), South East District, Saket Courts, New Delhi to the Court of learned District Judge (Commercial-06), South East District, Saket Courts, New Delhi.

¶21

Vide order dated 01.04.2026, the learned District Judge (Commercial06), South East District, Saket Courts Delhi, had recorded as under: -

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“...Ld. Counsel for defendant requests that this court may adjudicate the present suit and the counsel for the plaintiff has joined hands with the Ld. Counsel for defendant for the said request. However, as an abundant precaution, Ld. Counsel for plaintiff submits that he will file an appropriate petition before Hon'ble High Court of Delhi seeking direction that this court may adjudicate the present suit in view of waiver of objection of territorial jurisdiction of this court by both sides acquiescing to territorial jurisdiction of this court.”

¶23

Learned counsel appearing on behalf of the respondent submits that he has no objection if the present petition is allowed and the said suit is transferred.

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In view thereof, the present petition is disposed of with direction that the suit being CS (Comm) No. 350/2020 , titled as “M/s GNC Infra LLP v. M/s Machine Tools Aids (India)” and pending before the Court of learned District Judge (Commercial-06), South East District, Saket Courts, New Delhi, is re-transferred to the same Court. Parties are directed to appear before the concerned Court, accordingly.

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Needless to state that the learned Trial Court shall proceed with the said suit from the stage, it is being transferred.

¶26

Pending application(s), if any, also stands disposed of accordingly.

¶27

This is a digitally signed order.

¶28

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 20/04/2026 at 15:28:47

¶29

Copy of the order be sent to the learned District Judge (Commercial06), South East District, Saket Courts, New Delhi, for necessary information and compliance.

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

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AMIT SHARMA, J

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APRIL 17, 2026 /sn/db

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This is a digitally signed order.

¶34

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 20/04/2026 at 15:28:47

M/S Gnc Infra LLP v. M/S Machine Tools Aids (India)

Case brief

What is this about?

What did the court decide?

M/S Gnc Infra LLP v. M/S Machine Tools Aids (India)

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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