Indo Arya Logistics v. Haryana State Cooperative Supply And Marketing Federation Limited & ANR.

$~106 to 109 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 79/2025 INDO ARYA LOGISTICS .....Petitioner Through:

Mr.

Rajesh Banati, Mr.

Ashish Sareen, Mr. Adil Asghar and Mr.

Harsh Gupta, Advoctes.

versus HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED & ANR.

.....Respondents Through:

Dr.

Hemant Gupta, Mr.

Akash Aggarwal and Mr.

Rony John, Advocates for R1.

+ TR.P.(C.) 80/2025 M/S INDO ARYA LOGISTICS .....Petitioner Through:

Mr.

Rajesh Banati, Mr.

Ashish Sareen, Mr. Adil Asghar and Mr.

Harsh Gupta, Advoctes.

versus HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED (HAFED) & ANR.

.....Respondents Through:

Dr.

Hemant Gupta, Mr.

Akash Aggarwal and Mr.

Rony John, Advocates for R1.

Mr. Vibhor Garg, Ms. Diskha Kakkar and Ms. Yadavi Malhotra, Advocates for R2.

+ TR.P.(C.) 81/2025 INDO ARYA LOGISTICS .....Petitioner Through:

Mr.

Rajesh Banati, Mr.

Ashish Sareen, Mr. Adil Asghar and Mr.

Harsh Gupta, Advocates.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

versus HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED (HAFED) AND ANR. .....Respondents Through:

Dr.

Hemant Gupta, Mr.

Akash Aggarwal and Mr.

Rony John, Advocates for R1.

+ TR.P.(C.) 54/2025 INDO ARYA LOGISTICS .....Petitioner Through:

Mr.

Rajesh Banati, Mr.

Ashish Sareen, Mr. Adil Asghar and Mr.

Harsh Gupta, Advoctes.

versus HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED (HAFED) & ANR.

.....Respondents Through:

Dr.

Hemant Gupta, Mr.

Akash Aggarwal and Mr.

Rony John, Advocates for R1.

Mr. Vibhor Garg, Ms. Diskha Kakkar and Ms. Yadavi Malhotra, Advocates for R2.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 19.05.2025 CM APPL. 30314/2025 in TR.P.(C.) 79/2025 (exemption) CM APPL. 30316/2025 in TR.P.(C.) 80/2025 (exemption) CM APPL. 30319/2025 in TR.P.(C.) 81/2025 (exemption) Exemptions allowed, subject to just exceptions. Let requisite compliances be made within 01 week. The applications stand disposed-of.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

TR.P.(C.) 79/2025 TR.P.(C.) 80/2025 TR.P.(C.) 81/2025 TR.P.(C.) 54/2025 Further to what was recorded in order dated 15.05.2025 passed in TR.P.(C.) No.54/2025, Mr. Rajesh Banati, learned counsel appearing on behalf of the petitioners in these matters, has drawn attention of this court to another judgement passed by a Co-ordinate Bench of this court in Sherawali Developers LLP vs. M/s Majesty Homes & Ors.,1 which follows an earlier decision by a different Coordinate Bench of this court in Namita Gupta vs. Suraj Holdings Limited.2 2.

Learned counsel appearing for the respondents in these matters, as above, are also present.

3.

Upon perusal of the said decisions however, both those decisions appear to have not addressed the consequences of the distinction between the 'return' of a plaint or a petition under Order VII Rule 10 of the Code of Civil Procedure, 1908 ('CPC') and 'transfer' of a plaint or petition under section 24 of the CPC. In the prima facie opinion of this court, the said two judgments deal only with section 24 CPC but not with Order VII Rule 10 CPC.

4.

In fact, in Namita Gupta (supra), though the Co-ordinate Bench recognises the distinction between Order VII Rule 10 CPC and section 24 CPC, however it does not address the issue of how the 1 2024 SCC OnLine Del 3963 2 2024 SCC OnLine Del 143 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

'return' of a plaint or petition is to be taken forward by a party. From the foregoing position, clearly this proposition requires consideration. 5.

Learned counsel appearing for the parties submit, that if the present case is treated as one for return of plaint under Order VII Rule 10 CPC, that would invariably require parties to undergo de novo trial. 6.

Mr. Banati also points-out that the petitions before the learned District Judge, South East, Saket District Courts, New Delhi arise under section 34 of the Arbitration & Conciliation Act, 1996 ('A&C Act'); and the essential policy under the A&C is for expeditious disposal of such proceedings.

7.

In the circumstances, all counsel appearing in the matter in unison submit, that dealing with the matters under Order VII Rule 10 CPC and sending them back for de novo trial would cause avoidable delay, since the petitions before the learned District Judge were at an advanced stage of proceedings.

8.

In the circumstances, in order not to delay the matters further, and as prayed for by learned counsel appearing for all the parties, the matters are treated as petitions seeking transfer under section 24 CPC. 9.

Accordingly, by consent of all the parties, the present petitions are allowed.

10.

As a sequitur to the above, it is directed that O.M.P. (COMM.) Nos. 62/2024, 63/2024, 64/2024 and 66/2024 pending before the learned District Judge, South East District, Saket District Courts, New Delhi shall stand transferred to the learned District Judge, South District, Saket District Courts, New Delhi.

11.

Let the needful be done within 02 weeks.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

Let a copy of this order be communicated to the learned Principal District and Sessions Judge, Saket District Court, New Delhi for information and compliance.

13.

The petitions stand disposed-of in the above terms. 14.

Pending applications, if any, also stand disposed-of. 15.

It is clarified, that the question of law relating to the distinction between the 'return' of plaint under Order VII Rule 10 CPC and 'transfer' of proceedings under section 24 CPC and how the two are to be taken forward by a party, as discussed above, is left open to be considered in an appropriate case.

ANUP JAIRAM BHAMBHANI, J.

MAY 19, 2025 V.Rawat The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.