Oasis Commercial Pvt Ltd And ORS v. M/S Piccadily Agro Industries Ltd

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Sr. No.101 Date of Decision: 01.08.2025 1.

TA-1171-2019 (O&M) OASIS COMMERCIAL PRIVATE LIMITED AND OTHERS ....Applicants

Versus

M/S PICCADILY AGRO INDUSTRIES LIMITED .....Respondent 2.

TA-1170-2019 (O&M) ASHOK KUMAR AND OTHERS ....Applicants

Versus

M/S PICCADILY AGRO INDUSTRIES LIMITED .....Respondents 3.

NV INTERNATIONAL PRIVATE LIMITED ....Applicant

Versus

M/S PICCADILY AGRO INDUSTRIES LIMITED AND OTHERS .....Respondents

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:- Mr. Shailen Bhatia, Mr. Vikas Bali and Mr. Raghav Bhalla, Advocates for the applicant(s) (in all the cases).

Ms. Divya Sharma, Advocate for the contesting respondent (in all the cases) (through video conferencing).

***** ARCHANA PURI, J. (Oral) During the course of arguments, the counsel for the respondent has brought to the notice of the Court that there is change of factual situation, as existing at the time of filing of the transfer applications, as during the pendency of the transfer applications, the civil suits, relating to which, the applications were filed, have since been transferred by the Presiding Officer of Commercial Court, Gurugram. Two of the suits have been transferred to Ambala and one has been transferred to Jhajjar. Since, after transfer of the suits in question, the factual position, as pleaded in the applications, is different, therefore, no such order with regard to transfer of the requisite suits can be passed.

In this regard, the counsel for the respondent has drawn the attention of this Court to the order dated 14.03.2022, passed by this Court, whereby a submission was made, with regard to the suits already having been transferred, as recorded and thereupon, this Court had granted an adjournment, on the asking of the counsel for the petitioner, for seeking necessary instructions, in that regard. Thereafter, no further instructions came and the aforesaid order has come to the notice of this Court only during the course of arguments.

While arguments were being addressed by the counsel for the respondent, her assisting counsel has produced the copy of the order dated 07.03.2020, which is taken on record. The said order is passed in the different suits, which form the basis of the transfer applications. From the said orders, it is evident that the Presiding Officer of Commercial Court, Gurugram, had transferred the cases, in consonance with the letter bearing No.416 Spl Gazette-II (7-G) dated 02.03.2020, sent by this Court. In view of the aforesaid orders, at this stage, the counsel for the applicant(s), in all the three cases, submits that, at this stage, he does not want to pursue with the transfer applications, as there is change of circumstances and the same be dismissed as withdrawn, with liberty to file afresh, as per existing position.

Ordered accordingly.

(ARCHANA PURI) 01.08.2025 JUDGE Himanshu Whether speaking/reasoned :

Yes Whether reportable :

Yes/No