Visionindia Ayurved Private Limited v. Shri N K Sharma
$~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 1.
This hearing has been done through hybrid mode. CM APPL. 10834/2026 (Exemption) 2.
Allowed, subject to all just exceptions. The application is disposed of. TR.P.(C.) 29/2026 3.
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;" The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
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.
5.
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. 6.
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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
The present petition is disposed of accordingly. Pending application(s), if any, also stands disposed of.
10.
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.
11.
Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J FEBRUARY 19, 2026/bsr/ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.