TR.P.(C.)/114/2025 of SYSCOM PACKAGING COMPANY Vs HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED HAFED & ANR.

$~87 & 91

IN THE HIGH COURT OF DELHI AT NEW DELHI+TR.P.(C.) 114/2025SYSCOM PACKAGING COMPANYSYSCOM PACKAGING COMPANY

.....Petitioner

Through:Mr. Vibhor Garg and Ms. DikshaKakkar, Advocates.Kakkar, Advocates.

versus

HARYANA STATE COOPERATIVE SUPPLY AND MARKETINGFEDERATION LIMITED HAFED & ANR......RespondentsThrough:CounselforR-1(appearancenotgiven)FEDERATION LIMITED HAFED & ANR......RespondentsThrough:CounselforR-1(appearancenotgiven)

Mr.RajeshBanati,Mr.AshishSareen, Mr. Adil Asghar, Mr. HarshGupta, Mr. Aditya Mishra, Advocatesfor R-2.Sareen, Mr. Adil Asghar, Mr. HarshGupta, Mr. Aditya Mishra, Advocatesfor R-2.

+TR.P.(C.) 115/2025

SYSCOM CONSUMER PRODUCTS PVT LTD

.....Petitioner

Through:Mr. Vibhor Garg and Ms. DikshaKakkar, Advocates.Kakkar, Advocates.

versus

HARYANA STATE COOPERATIVE SUPPLY AND MARKETINGFEDERATION LIMITED & ANR......RespondentsThrough:CounselforR-1(appearancenotgiven)FEDERATION LIMITED & ANR......RespondentsThrough:CounselforR-1(appearancenotgiven)

Mr.RajeshBanati,Mr.AshishSareen, Mr. Adil Asghar, Mr. HarshGupta, Mr. Aditya Mishra, Advocatesfor R-2.Sareen, Mr. Adil Asghar, Mr. HarshGupta, Mr. Aditya Mishra, Advocatesfor R-2.

CORAM:HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANIO R R%10.07.2025

CM APPL. 40033/2025 in TR.P.(C.) 114/2025

CM APPL. 40208/2025 in TR.P.(C.) 115/2025

Exemptions allowed, subject to just exceptions.

The applications stand disposed-of.

TR.P.(C.) 114/2025TR.P.(C.) 115/2025

By way of the present petitions filed under section 24 read withsection 151 of the Code of Civil Procedure 1908 (‘CPC’), thepetitioners seek transfer of cases bearing OMP (COMM.) No.56/2024and OMP (COMM.) No. 57/2024 from the court of the learnedDistrict Judge (Commercial)-06, South-East District, Saket Courts,Delhi to the court of the learned District Judge (Commercial Court),South District, Saket Courts, Delhi.

2.Mr. Vibhor Garg, learned counsel appearing for the petitionercompany points-out order dated 19.05.2025 made by this Bench inTR.P.(C.)No.54/2025,TR.P.(C.)No.79/2025,TR.P.(C.)No.80/2025and TR.P.(C.) No.81/2025, which were transfer petitionsarising from similar situation, the court had allowed the transferpetitions on consent of the parties and also on the consideration thatarbitration proceedings must be disposed-of expeditiously, observingthat the question of law, viz., the distinction between the ‘return’ of aplaint under Order VII Rule 10 CPC and ‘transfer’ of proceedingsunder section 24 CPC was left open.3.Issue notice.

4.Learned counsel appears for respondent No.1 and Mr. Rajesh Banati,learned counsel appears for respondent No.2 on advance copy; acceptnotice; and do not oppose the transfer of the petitions.

5.Mr. Banati however submits that the question of law as referred-toabove be kept open.

6.Accordingly, the transfer petitions are allowed.

7.It is directed that OMP (COMM.) No.56/2024 and OMP (COMM.)No. 57/2024 pending before the court of the learned District Judge(Commercial)-06, South-East District, Saket Court, Delhi shall standtransferred to the court of the learned District Judge (CommercialCourt), South District, Saket Court, Delhi, leaving the question of lawreferred-to above open.No. 57/2024 pending before the court of the learned District Judge(Commercial)-06, South-East District, Saket Court, Delhi shall standtransferred to the court of the learned District Judge (CommercialCourt), South District, Saket Court, Delhi, leaving the question of lawreferred-to above open.

8.Let copy of this order be communicated to the learned PrincipalDistrict & Sessions Judge, Saket District Court, New Delhi forinformation and compliance.District & Sessions Judge, Saket District Court, New Delhi forinformation and compliance.

9.The petitions are disposed-of in the above terms.

10.Pending applications, if any, also stand disposed-of.

JULY 10, 2025/ss

ANUP JAIRAM BHAMBHANI, J.