[Cites 3, Cited by 0]
Delhi High Court
Bull Value Incorporated Vcc Sub-Fund vs Delphi World Money Ltd on 10 December, 2025
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 10.12.2025
+ CM(M) 2349/2025, CM APPL. 76250/2025 & CM APPL.
76249/2025
BULL VALUE INCORPORATED VCC SUB-FUND .....Petitioner
Through: Mr. Parag P. Tripathi, Sr. Advocate,
Mr. Anurag Ahluwalia, Sr. Advocate
and Mr. Jagdeep Sharma, Sr.
Advocate with Mr. Kartikay Sharma
and Mr. Anirudh Sharma, Advocates
versus
DELPHI WORLD MONEY LTD .....Respondent
Through: Mr. Manish Vashisth, Sr. Advocate
with Mr. Harsh Sethi, Mr. Ankur
Garg, Ms. Devika Mohan, Mr.
Sukhpreet Maan, Mr. Anant Nigam,
Mr. Raghav Luthra, Mr. Vedansh
Vashisht, Ms. Niyati Kohli, Mr. Amit
Kumar Singh, Mr. Varun Maheshwari
and Mr. Manan Soni, Advocates
CORAM: JUSTICE GIRISH KATHPALIA
O R D E R (ORAL)
1. Broadly speaking, it appears that on 15.11.2025 the subject
commercial suit was filed, and on 17.11.2025, the learned commercial court
judge recused himself. On 19.11.2025, a petition for transfer of the subject
suit, filed by the present respondent/defendant in this court was withdrawn.
CM(M) 2349/2025 Page 1 of 5 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
Digitally Signed
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
By:NEETU N NAIR 15570996b40f80cbd2eee60402c487965ff
801e26fa, cn=GIRISH KATHPALIA
Date: 2025.12.10 18:03:44 -08'00'
Signing Date:10.12.2025
18:06:09
Thereafter, the present respondent/defendant also filed a petition under
Articles 226/227 of the Constitution of India, which petition is now posted
for May 2026 with no stay of trial court proceedings. On 27.11.2025, the
concerned learned Principal District & Sessions Judge dismissed the
application under Section 24 CPC filed by the present respondent/defendant
for transfer of the subject commercial suit from the commercial court, where
the suit was pending; but the learned Principal District & Sessions Judge
directed the commercial court to decide as to whether the application under
Order VII Rule 10 CPC has to be heard first before the application under
Order XXXIX Rule 1 and 2 CPC or otherwise. On the same day i.e.,
27.11.2025, the learned commercial court, before whom the suit was getting
passed over since morning, took up the matter in post lunch session and after
being apprised of the order passed by the learned Principal District &
Sessions Judge, the learned commercial court partly heard the counsel for
the present petitioner on application under Order VII Rule 10 CPC but since
learned senior counsel for respondent/defendant was not available, suit was
adjourned to 01.12.2025, directing the parties to maintain status quo which
was existing as on that day till next date.
2. Thereafter, on 28.11.2025, yet another application brought by the
present respondent/defendant under Section 24 CPC for transfer of the
subject commercial suit was filed, listed, heard and allowed before the same
learned Principal District & Sessions Judge by way of the order impugned in
the present case. The said transfer of the subject commercial suit was
allowed upholding the allegation of the present respondent/defendant that
CM(M) 2349/2025 Page 2 of 5 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
Digitally Signed
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
By:NEETU N NAIR e26fa, cn=GIRISH KATHPALIA
Date: 2025.12.10 18:03:33 -08'00'
Signing Date:10.12.2025
18:06:09
the learned District Judge, holding the concerned commercial court was
biased because he did not record in order dated 27.11.2025 complete
narration of the order of the same day as passed by the Principal District &
Sessions Judge and also because the concerned commercial court passed
status quo order till next date.
3. It needs to be examined in detail as to whether the transfer of the
subject commercial suit ordered by the learned Principal District & Sessions
Judge without obtaining comments from the learned District Judge, who was
holding the earlier commercial court was proper exercise; whether in the
proceedings under Section 24 CPC, the Principal District & Sessions Judge
can direct a trial court as to how the proceedings have to be carried out;
whether merely because towards end of the day while adjourning the matter,
if the court directs parties to maintain status quo, an apprehension of bias
can arise in the mind of the reasonable man; and lastly as to whether such
transfer order would not have a demoralising effect on the judicial officer,
who has been condemned unheard on the allegation of bias.
4. Learned senior counsel for petitioner has also referred to a detailed
judgment of a coordinate bench of this court, in which certain specific
guidelines were laid to be observed by the Principal District & Sessions
Judge whenever transfer of a case is sought on the allegations of bias against
a judge. The said judgment is in the case of Directorate of Enforcement vs
Ajay S. Mittal, 2024:DHC:4419. In the present case, the said guidelines
were clearly flouted while passing the impugned order.
CM(M) 2349/2025 Page 3 of 5 pages
DN: c=IN, o=HIGH COURT OF DELHI,
Digitally Signed GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4
afec45569af3962c6fb4835d435f97626c
acca, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
By:NEETU N NAIR d15570996b40f80cbd2eee60402c4879
65ff801e26fa, cn=GIRISH KATHPALIA
Signing Date:10.12.2025 Date: 2025.12.10 18:03:15 -08'00'
18:06:09
5. In the course of arguments, learned senior counsel for petitioner (in
support of his submissions that the respondent/defendant is trying all tricks
to somehow ensure that the suit does not get heard), has taken me through
pdf 683, which is a part of the transfer petition and paragraph 17 on that
page alleges that on 21.11.2025, the concerned judicial officer also appeared
to have logged in on the VC link of the High Court to observe the
proceedings. This is a shocking allegation against a judicial officer. One
wonders, why the concerned High Court Judge hearing the matter was not
informed instantly that the learned judicial officer was linked in the VC.
Learned senior counsel for respondent/defendant submits that the briefing
counsel, who filed the said application expresses remorse and requests not to
take any further action.
6. It is already 05:15pm and looking into such intricate issues, it shall
not be possible to conclude the arguments today.
7. In view of above circumstances, operation of the impugned order
shall remain stayed till next date. However, it is also made clear that this
order shall not be a reason for either side not to comply with the directions
of the Division Bench.
8. At this stage, learned senior counsel for respondent/defendant after
discussing with the briefing counsel, who had filed the transfer petition
submits that they also have instructions to consent for allowing this petition.
I have specifically asked the learned briefing counsel for
CM(M) 2349/2025 Page 4 of 5 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4a
fec45569af3962c6fb4835d435f97626cac
ca, ou=HIGH COURT OF DELHI,CID -
Digitally Signed
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5
d15570996b40f80cbd2eee60402c48796
By:NEETU N NAIR 5ff801e26fa, cn=GIRISH KATHPALIA
Date: 2025.12.10 18:03:03 -08'00'
Signing Date:10.12.2025
18:06:09
respondent/defendant and he submits that the present petition may be
allowed, setting aside the impugned order and sending the suit back to the
court of Sh. Rakesh Pandit, District Judge, Commercial Court, South West,
Dwarka Courts, Delhi, where both sides shall appear on 12.12.2025 and
shall address arguments in compliance with the directions of the Division
Bench of this court in FAO(COMM) 336/2025.
9. Accordingly, the petition stands allowed. Pending applications stand
disposed of.
10. Copy of this order be immediately dispatched to the concerned
Principal District & Sessions Judge for information and necessary action.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff80
1e26fa, cn=GIRISH KATHPALIA
Date: 2025.12.10 18:02:50 -08'00'
GIRISH KATHPALIA
(JUDGE)
DECEMBER 10, 2025/ry
CM(M) 2349/2025 Page 5 of 5 pages
