Jay Colours Company v. M/S Surender Kumar Jain

$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 89/2025, CM APPL. 31436/2025 JAY COLOURS COMPANY .....Petitioner Through:

Mr. Harshit Jain and Mr. Deepak Yadav, Advs.

versus M/S SURENDER KUMAR JAIN .....Respondent Through:

Mr. S.B. Sharma, Mr. Tushant Jai Narain and Mr. Abhilash, Advs. along with respondent in-person.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 22.05.2025 This matter has been received on transfer since the Roster Bench is on leave today.

CM APPL. 31437/2025 (Exemption) 1.

Exemption allowed subject to just exceptions. 2.

Application stands disposed of, accordingly.

TR.P.(C.) 89/2025 along with CM APPL. 31436/2025 (Stay) 1.

This petition has been filed under Section 24 seeking transfer of CS(COMM.) 714/2023, which is pending adjudication before DJ (Commercial Courts)-04, Central District, Tis Hazari Courts, Delhi to the Court of Sh. M.K. Nagpal DJ (Commercial Courts)-13, Central District, Tis Hazari Courts, where another matter, being CS(COMM.) 897/2023 titled as "VDR Colours and Chemical Pvt. Ltd. through its managing director 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 01/07/2025 at 17:58:57

Surender Kumar Jain v. M/s Jay Colour Company through its partner Gaurav Bansal" is pending.

2.

Counsel for the petitioner states that they are the defendants in both these matters and the matters have been effectively filed by Mr. Surender Kumar Jain, who is the managing director of VDR Colours, for recovery amounts in the transactions with the parties. 3.

He states that the evidence in both the matters may be similar, particularly relating to the GST issue.

4.

The Court is not convinced by this argument considering that CS(COMM.) 714/2023 is at the stage of final arguments, whereas, CS(COMM.) 897/2023 is at the stage of plaintiff's evidence. 5.

Moreover, the juristic entity, VDR Colours, is the company as a plaintiff, whereas Surender Kumar Jain plaintiff in CS(COMM.) 714/2023, is as a proprietor, and these relate to different transactions, albeit with the same defendant.

6.

The petition is, therefore, dismissed.

7.

Pending applications, if any, are rendered infructuous. 8.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 22, 2025/MK/kp 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 01/07/2025 at 17:58:57