PREM CHAND SHARMA Vs. KESHAV KUMAR

JUDGEMENT

(1.) This is a revision petition filed under Article 227 of the Constitution of India for setting aside the order dtd. 15/7/2025 (Annexure P-1) passed by the District Judge, Bhiwani in Transfer Application No.TA/25/2025, whereby the transfer application filed by petitioner-defendant No.1 was dismissed.

(2.) Learned counsel for the petitioner has submitted that the suit which has been filed by respondent No.1 for declaration should be transferred to the Commercial Court as there is commercial dispute involved in the present case as per Sec. 2(1)(c)(vii) of the Commercial Courts Act, 2015. It is submitted that the application filed by the petitioner for transfer of the same has been dismissed by the trial Court vide order dtd. 15/7/2025 which order is illegal and deserves to be set aside. It is prayed that the application filed by the petitioner be allowed and the impugned order be set aside.

(3.) Learned counsel for respondent No.1 has submitted that as per his instructions respondent No.1 is satisfied either way, whether the case is sent to the Commercial Court or is tried by the Civil Judge (Senior Division), Bhiwani, where the case is presently pending.