Euclid Infotech Limited v. Clues Network Private Ltd

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(C.) 148/2024 EUCLID INFOTECH LIMITED .....Petitioner Through:

Mr. Shekhar Prit Jha, Adv. with Ms.

Preeti Kumari, Adv.

Versus

CLUES NETWORK PRIVATE LTD .....Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV

O R D E R

% 21.11.2024 1.

Heard learned counsel appearing on behalf of the petitioner. 2.

This petition for transfer of Civil Suit No. 177/2024 pending in the Court of District Judge-01, Patiala House Court, New Delhi to the competent commercial court at Patiala House Court, New Delhi. 3.

Learned counsel for the petitioner submits that the petitioner has instituted the civil suit for recovery of Rs.20,86,600/- against the respondent/defendant company with interest with respect of service provided by the petitioner company. He contends that as per Section 2(c) of Commercial Courts Act, 2015, present is a dispute which falls within the definition of 'commercial dispute' and accordingly should have been instituted before the commercial court of a competent jurisdiction. 4.

Realising the aforesaid dispute to be a commercial dispute, the petitioner also had taken steps as stipulated under Section 12A of the Commercial Courts Act, 2015 for pre-institutional mediation and settlement 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 26/11/2024 at 12:02:52

before the mediation centre at Patiala House Court, New Delhi. Learned counsel for the petitioner, however, submits that on account of some inadvertence, the suit in question appears to have been filed in the present Court.

5.

Keeping in mind the aforesaid submissions and in view of the fact that the dispute falls within the definition of 'commercial dispute' and is to be adjudicated by the commercial court of a competent jurisdiction, the Court finds that the prayer, made in the instant transfer petition, deserves to be accepted in the interest of justice.

6.

Accordingly, the Civil Suit No. 177/2024 stands transferred to the commercial court at Patiala House Court, New Delhi. 7.

With aforesaid directions, the petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J NOVEMBER 21, 2024 p'ma 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 26/11/2024 at 12:02:52