Lic Housing Finance Ltd v. Uma Dutt Sharma & ORS.
$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO 318/2022 LIC HOUSING FINANCE LTD .....Appellant Through:
Mr.
Abhinav Rakrishna and Mr.Jaychandra Tiwari, Advocates.
versus UMA DUTT SHARMA & ORS.
.....Respondents Through:
Mr. Arjun Goyal, Advocate.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 13.01.2026 1.
The present appeal has been filed under Order XLIII Rule 1 read with Section 151 of the Code of Civil Procedure, 1908 against the order dated 02.11.2022 passed by the learned ADJ-03, South West, Dwarka Courts, Delhi, in CS DJ ADJ No. 669/2018, whereby the appellant's plaint was returned under Order VII Rule 10 CPC for presentation before the appropriate Commercial Court.
2.
Learned counsel for the appellant prays that instead of the plaint in the subject suit being returned under Order VII Rule 10, the subject suit may instead be transferred to the appropriate Commercial Court. In this regard, learned counsel for the appellant has relied upon the decisions in Namita Gupta Vs. Suraj Holdings Limited1 and Dhanbad Fuels Private Limited Vs. Union of India & Anr.2.
3.
Learned counsel for the respondent submits that he has no objection 1 2024 SCC OnLine Del 143 2 (2025) 9 SCC 424 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 27/01/2026 at 12:10:23
to the subject suit being transferred as it is to the appropriate Commercial Court.
4.
Considering the submissions led by the appellant and in view of no objections being raised by the learned counsel for the respondent, the suit is directed to be transferred, as it stands, to the appropriate Commercial Court. For the said purpose, the matter is directed to be listed before the concerned Principal District and Sessions Judge at the first instance on 28.01.2026, for directions.
5.
The present appeal, along with pending applications, if any, are disposed of in the above terms.
MANOJ KUMAR OHRI, J JANUARY 13, 2026 nb 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 27/01/2026 at 12:10:23