Smt. Sunita Lakra vs. M/S Praakriti Aatithya LLP And Ors
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The petitioner, Smt. Sunita Lakra, filed a transfer petition seeking to move Civil Suit CS (COMM) No.518/2025 from one District Judge's court to another. Both this suit and another, CS (COMM) 517/2025, were filed by the same petitioner against the same respondents. The dispute involves two separate properties in Connaught Place, New Delhi, with separate lease deeds dated February 16, 2024. The petitioner was receiving a consolidated monthly payment of Rs. 5,94,000, inclusive of GST, from the respondents for these premises. The petitioner argued that common documentary evidence and witnesses would be involved in both suits, as a single rent was paid for both properties. No notice had been issued in either suit, and the respondents had not yet been served.
Held
The Court held that it was appropriate to transfer and consolidate both suits, CS (COMM) 518/2025 and CS (COMM) 517/2025, before a single court. The reasoning was based on the fact that both suits were instituted by the same petitioner against the same respondents, involved common documentary evidence and witnesses, and related to premises for which a consolidated monthly payment, including GST, was made. The Court deemed this necessary to save time and effort, in the interest of justice and the parties. The Court dispensed with the issuance of notice to the respondents, considering that they had not yet been served. The operative direction was for the District Judge, New Delhi, Patiala House Courts, to transfer and consolidate both suits before one Court. No specific issue regarding GST provisions was decided, as the matter was a transfer petition.
Key Issues
1. Whether Civil Suit CS (COMM) No.518/2025 should be transferred from the Court of Sh. Pulastya Pramachala, Ld. District Judge (Comm-01), Patiala House Courts, New Delhi to the Court of Sh. Balwant Rai Bansal, Ld. District Judge (Comm-02), Patiala House Courts, New Delhi, under Section 24 of the Code of Civil Procedure, 1908, to be consolidated with CS (COMM) 517/2025. Petitioner's Arguments: The petitioner contended that both suits involve the same parties and pertain to common issues, including the receipt of a consolidated monthly payment inclusive of GST. Consolidation would save time and effort for both parties and the courts, as common evidence and witnesses would be presented. The petitioner sought to consolidate the suits before a single court for efficient adjudication. Respondents' Arguments: No arguments were recorded for the respondents as they had not been served.
Sections Cited
Section 24
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Cause title — parties, addresses and appearances
O R D E R %
2025 CM APPL. 53004/2025-Exemption
Allowed, subject to all just exceptions.
The present application stands disposed of. TR.P.(C.) 158/2025
By virtue of the present petition, the petitioner seeks transfer of the Civil Suit CS (COMM) No.518/2025 titled ‘Sunita Lakra v. Praakriti Aatithya LLP’ from the Court of Sh. Pulastya Pramachala, Ld. District Judge (Comm-01), Patiala House Courts, New Delhi to the Court of Sh. Balwant Rai Bansal, Ld. District Judge (Comm-02), Patiala House Courts, New Delhi.
Record reveals that both the afore-mentioned suits have been instituted by the very same petitioner/ plaintiff against the very same This is a digitally signed order. 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 28/08/2025 at 12:20:31
respondents/ defendants, and for which the petitioner/ plaintiff was receiving the consolidated monthly payment of Rs.5,94,000/-, including GST from the respondent/ defendant. Be that as it may, the only difference is that the aforesaid two suits are pertaining to two separate properties, being D-26, Ground Floor and mezzanine floor, Connaught Place, New Delhi-110 001 and D-31, First Floor, Connaught Place, New Delhi-110 001, qua which there are two separate lease deeds dated 16.02.2024, albeit, inter se the very same parties.
In effect, not only since the petitioner/ plaintiff but also the respondent/ defendant are the same, and both parties will be leading the common documentary evidence and having the same set of witnesses, particularly since respondent/ defendant was paying a singular common rent for both the premises.
Lastly, even though CS (COMM) 518/2025 and CS (COMM) 517/2025 were listed before different Courts on 11.07.2025, however, no notice has been issued in any of them and none of the respondents have been served as of yet.
Considering the aforesaid facts and circumstances involved, it is deemed appropriate and proper for saving the time and effort, both in the interest of justice as well as that of the parties, to dispense with the issuance of notice.
In view thereof, it is deemed appropriate to direct the District Judge, New Delhi, Patiala House Courts, New Delhi to transfer and consolidate both suits, being CS (COMM) 518/2025 and CS (COMM) 517/2025, before one Court.
Accordingly, the present petition stands disposed of in the aforesaid This is a digitally signed order. 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 28/08/2025 at 12:20:31
terms.
A copy of this order be sent to the learned District Judge, New Delhi, Patiala House Courts, New Delhi for compliance.
SAURABH BANERJEE, J AUGUST 26, 2025/Ab This is a digitally signed order. 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 28/08/2025 at 12:20:31
Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.