Uttarakhand High Court
C24/30/2025 of MAHESH GUPTA Vs M/S ABUNDANCE LEISURE RESORTS PVT LTD on 31 July 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Transfer Application (filed under Section 24 of the Code of Civil Procedure, 1908) No. 30 of 2025 Dated : 31st July, 2026 Mahesh Gupta ---------------- --Applicant Versus M/s Abundance Leisure Resorts Pvt. Ltd. and Others------- ------Respondents
HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Transfer Application (filed under Section 24 of the Code of Civil Procedure, 1908) No. 30 of 2025
Dated : 31st July, 2026
Mahesh Gupta
---------------- --Applicant
Versus
M/s Abundance Leisure Resorts Pvt. Ltd. and Others-------
------Respondents
---------------------------------------------------------------------- Presence:- Mr. Nivesh Bahuguna and Mr. Arpit Verma, learned counsel for the applicant.
----------------------------------------------------------------------
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1. The present Civil Transfer Application has been filed by the applicant to transfer the proceedings of Civil Suit No.13 of 2020, “Mahesh Gupta vs. M/s Abundance Leisure Resorts Pvt. Ltd. and Others”, pending before the court of learned Additional Civil Judge (Senior Division), New Tehri, District Tehri Garhwal to the Commercial Court, Dehradun.
2. Learned counsel for the applicant submits that a Civil Misc. Transfer Application No.29 of 2025 was filed against the same respondent, wherein the applicant had sought transfer of the Civil Suit No.37 of 2020, “M/s Ambundance Leisure Resorts Pvt. Ltd. vs. M/s Chankya Resorts”, from the court of learned Civil Judge (Senior Division), New Tehri, District Tehri Garhwal to the Commercial Court, Dehradun. In the said case, notices were issued to the respondent, however, despite services no one appeared on behalf of the respondent.
3. In the present case, notices were issued to the respondent and the office report indicates that the notices have been served on the respondent, however, there is no representation on behalf of the respondent.
4. Learned counsel for the applicant submits that the suit pending in the court of learned Additional Civil Judge, Senior Division is triable by the Commercial Court, therefore, the same is liable to be transferred to the Commercial Court at Dehradun. Moreover, a civil suit filed against the same respondent has already been transferred to the Commercial Court, Dehradun by the court vide its order dated 23.12.2025 in Civil Transfer Application No.29 of 2025.
5. Considering the submissions made by learned counsel for the applicant and in view of the fact that the Civil Transfer Application No.29 of 2025 has already been allowed by the Co-ordinate Bench of this Court on 23.12.2025, the civil transfer application deserves to be allowed.
6. The Civil Transfer Application is allowed. The proceedings of the Civil Suit No.13 of 2020, “Mahesh Gupta vs. M/s Abundance Leisure Resorts Pvt. Ltd. and others”, pending before the court of learned Additional Civil Judge (Senior Division), New Tehri, District Tehri Garhwal is directed to be transferred to the Commercial
Court, Dehradun.
7. Pending application(s), if any, stand disposed of accordingly.
(Subhash Upadhyay, J.) 31.07.2026
Pant/