M/S Forever Exim India Pvt. Ltd. Vs M/S Number One Advertising and Marketing Co.

“a. Transfer the Counter-Claim titled “M/s Forever Exim India Pvt. Ltd. vs. M/s Number One Advertising & Marketing Co.” bearing CS (COMM) No. 1059 of 2025 from the Court of Ld. District Judge (Commercial Court-06), South-East District, Saket Courts, New Delhi to the Court of Ld. District Judge (Commercial Court-01), South-East District, Saket Courts, New Delhi;

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This is a digitally signed order.

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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 27/04/2026 at 13:47:05

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OR IN ALTERNATIVE

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b. Transfer the suit titled “M/s Number One Advertising & Marketing Co. vs. M/s Forever Exim India Pvt. Ltd.” bearing CS (COMM) No. 731 of 2025 from the Court of Ld. District Judge (Commercial Court-01) to the Court of Ld. District Judge (Commercial Court-06);

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b) Pass any other Order Directions as this Court deems fit and proper.”

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By way of the present petition, petitioner is seeking transfer of the counter-claim, CS (COMM) No.1059 of 2025 , titled as, “M/s Forever Exim India Pvt. Ltd. vs. M/s Number One Advertising & Marketing Co.” instituted by the petitioner and pending in the Court of learned District Judge (Commercial Court-06), South-East District, Saket Courts, New Delhi, to the Court of learned District Judge (Commercial Court-01), South-East District, Saket Courts, New Delhi, or in alternative, transfer of suit, CS (COMM) No.731 of 2025 , titled as, “M/s Number One Advertising & Marketing Co. vs. M/s Forever Exim India Pvt. Ltd.” instituted by the respondent and pending in the Court of learned District Judge (Commercial Court-01), SouthEast District, Saket Courts, New Delhi, to the Court of learned District Judge (Commercial Court-06), South-East District, Saket Courts, New Delhi.

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Respondent herein had instituted the suit, CS(COMM) No.731 of 2025, against the petitioner for recovery of Rs.17,76,883/- along with damages to the tune of Rs.5,00,000/- along with pendente lite and future interest @ 18% per annum. In the said suit, petitioner filed a counter-claim under Order VIII Rule 6A read with Section 151 of the CPC for recovery of Rs.4,49,920/- along with damages to the tune of Rs.2,00,000/- along with pendente lite and future

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This is a digitally signed order.

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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 27/04/2026 at 13:47:05

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interest @ 24% per annum.

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Learned counsel for the petitioner submits that the present petition has been filed to ensure that the main suit and the counter-claim which arise out of same cause of action are adjudicated by one and the same Court. It is submitted that owing to some administrative transfer the counter-claim instituted by the petitioner was transferred to a different Court.

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Learned counsel for the respondent, who appears on an advance notice, fairly submits that he has no objection, if the present petition is allowed and both the counter-claim as well as the main suit are tried by a same Court.

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In view thereof, the present petition is disposed of with direction that the counter-claim, CS (COMM) No.1059 of 2025 , titled as, “M/s Forever Exim India Pvt. Ltd. vs. M/s Number One Advertising & Marketing Co.” instituted by the petitioner and pending in the Court of learned District Judge (Commercial Court-06), South-East District, Saket Courts, New Delhi, is transferred to the Court of learned District Judge (Commercial Court-01), South-East District, Saket Courts, New Delhi, where suit, CS (COMM) No.731 of 2025 , titled as, “M/s Number One Advertising & Marketing Co. vs. M/s Forever Exim India Pvt. Ltd.” instituted by the respondent is pending.

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Let the records of the CS (COMM) No.1059 of 2025 , pending in the Court of learned District Judge (Commercial Court-06), South-East District, Saket Courts, New Delhi, be transferred to the concerned learned Transferee Court within a period of 10 days from today.

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Parties are directed to appear before the concerned Transferee Court accordingly.

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Pending applications, if any, also stand disposed of accordingly.

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Learned Transferee Court shall proceed with CS (COMM) No.1059 of

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This is a digitally signed order.

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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 27/04/2026 at 13:47:05

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2025 from the stage, it is being transferred and same shall be tried along with CS (COMM) No.731 of 2025 .

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Copy of the order be sent to learned District Judge (Commercial Court01), South-East District, Saket Courts, New Delhi, as well as learned District Judge (Commercial Court-06), 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 23, 2026/bsr/ns

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This is a digitally signed order.

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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 27/04/2026 at 13:47:05

M/S Forever Exim India Pvt. Ltd. v. M/S Number One Advertising and Marketing Co.

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M/S Forever Exim India Pvt. Ltd. v. M/S Number One Advertising and Marketing Co.

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