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Judgment
This transfer petition seeks transfer of CS (Comm) 83/2022 (Varun Aggarwal v Yokohma India Pvt Ltd), presently pending before the learned District Judge (Commercial-01) District North West, Rohini to the Court of the learned District Judge (Commercial-03), District South East, Saket, to be heard along with CS (Comm) 384/2021 (Yokohama India Pvt. Ltd v Wheel Lover Stoppage).
The dispute in these suits is between the same parties, as Varun Aggarwal is the proprietor of Wheel Lover Stoppage.
It is also not in dispute that the invoices, on the basis of which the respondent has instituted CS (Comm) 83/2022, have been cited by the respondent in the written statement filed by way of response to CS (Comm) 384/2021, though no set off or counter-claim has been filed.
Clearly, therefore, the two suits have overlapping issues and it would be in the fitness of things that they are heard by one Court.
The respondent filed an application under Order VII Rule 10 of the Code of Civil Procedure, 1908 (CPC) in CS (Comm) 384/2021. The said application has been dismissed by the learned Commercial Court at Saket vide order dated 11 December 2023, holding that the issue of jurisdiction was arguable and would be tried as a triable issue.
Nonetheless, the above facts, particularly with respect to the transactions forming subject matter of CS (Comm) 83/2022 having been set up as defence in CS (Comm) 384/2021, are not in dispute.
In that view of the matter, it would be in the fitness of things that both suits are heard together by one Court.
Both Courts have jurisdiction to try and decide the respective suits, within the parameters of Section 20 of the CPC.
Mr. Taran Preet Singh, learned Counsel for the respondent submits that, in that event, both the matters may be transferred to the Rohini Court.
CS (Comm) 384/2021 was filed earlier in point of time. As there are overlapping issues in both the suits, it would be appropriate if they are heard by the Court which was approached earlier.
As such, CS (Comm) 83/2022 (Varun Aggarwal v. Yokohama India Pvt Ltd) stands transferred from the Court of learned District Judge (Commercial-01) District North West, Rohini to the Court of District Judge (Commercial-03), District South East, Saket to be heard along with CS(Comm) 384/2021 (Yokohama India Pvt Ltd v. M/s Wheels Lover Stoppage).
It is clarified, however, that CS (Comm) 83/2022 would be taken up from the stage at which it is at present.
With these directions, this transfer petition stands disposed of.