Uttarakhand High Court
C24/29/2025 of M/S CHANAKYA RESORT Vs M/S ABUNDANCE LEISURE RESORTS PVT LTD on 23 December 2025
OF UTTARAKHAND AT NAINITAL Civil Misc. Transfer Application No.29 of 2025 M/s Chanakya Resort ......Applicant Versus M/s Abundance Leisure Resorts Pvt. Ltd. ….Respondent Present: Mr. Nivesh Bahuguna, Advocate with Mr. Arpit Verma, Advocate through video conferencing for the applicant.
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HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Misc. Transfer Application No.29 of 2025
M/s Chanakya Resort
......Applicant Versus
M/s Abundance Leisure Resorts Pvt. Ltd. ….Respondent Present: Mr. Nivesh Bahuguna, Advocate with Mr. Arpit Verma, Advocate through video conferencing for the applicant.
Hon’ble Ravindra Maithani, J.(Oral)
The applicant seeks transfer of Civil Suit No. 37 of 2020, M/s Ambundance Leisure Resorts Pvt. Ltd. Vs. M/s Chanakya Resorts (“the suit”) from the court of Civil Judge (Senior Division), New Tehri District Tehri Garhwal, to the Commercial Court, Dehradun.
2. Heard learned counsel for the parties and perused the record.
3. Learned counsel for the applicant submits that the suit is pending in the court of Civil Judge (Senior Division), New Tehri, District Tehri Garhwal, whereas the suit is triable by the commercial court. Therefore, the suit deserves to be transferred. He referred to the provisions of Section 24 (5) of the Code of Civil Procedure, 1908.
4. Notices were issue to the respondent, which has been served, as reported by the Registry. But, none is present on behalf of the respondent.
5. Having considered, this Court is of the view that interest of justice would be better served if the suit is transferred to the commercial court at Dehradun from the court at New Tehri, District Tehri Garhwal. Accordingly, the transfer application deserves to be allowed.
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6. The Transfer application is allowed.
7. Civil Suit No. 37 of 2020, M/s Ambundance Leisure Resorts Pvt. Ltd. Vs. M/s Chanakya Resorts is transferred from the court of Civil Judge (Senior Division), New Tehri District Tehri Garhwal, to the Commercial Court, Dehradun.
(Ravindra Maithani, J.) 23.12.2025
Jitendra