SUDHIR AGARWAL vs TIRUPATI INDUSTRIES

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 19th March, 2025 CM(M) 514/2025 & CM APPL. 15965-15967/2025 SUDHIR AGARWAL .....Petitioner Through: Mr. Rajat Gautam, Advocate. versus TIRUPATI INDUSTRIES .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. Petitioner is aggrieved by order dated 24.10.2024 passed by learned District Judge, Commercial Court – 05, Central District, Tis Hazari, whereby his application moved under Section 10 CPC has been dismissed. Said suit is at the stage of final arguments. 2. Petitioner is defending the abovesaid commercial suit and he himself had also filed a civil suit at Mathura. 3. The abovesaid application filed under Section 10 CPC was on the premise that the matter in issue in both the abovesaid suits, which are between the same parties, is directly and substantially the same and, therefore, the continuance of the suit in Delhi is against the principle laid down under Section 10 of CPC. 4. This Court has seen the copies of plaints of both such suits. 5. The suit, which is prior in time, is the one filed by the petitioner herein before the Court of learned Civil Judge, Senior Division, Mathura