INDIA SOTHEBYS INTERNATIONAL REALTY vs GOGIA CAPITAL SERVICES LIMITED AND ORS

Judgment text excerpt

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21.05.2025 + TR.P.(C.) 59/2025 INDIA SOTHEBYS INTERNATIONAL REALTY .....Petitioner Through: Ms. Aakansha Kaul, Mr. Aman Sahani, Ms. Ashima Chopra, Advs. versus GOGIA CAPITAL SERVICES LIMITED AND ORS. ....Respondents Through: Mr. Arav Pandit, Ms. Yashika Kapoor, Advs. CORAM: HON'BLE MR. JUSTICE SACHIN DATTA SACHIN DATTA, J. (ORAL) 1. The present transfer petition has been filed by the petitioner for the transfer of the suit bearing no. CS DJ No. 4164/2024 (‘the Suit’), filed under Order XXXVII of the CPC, 1908, seeking recovery of INR 76,66,932/- along with pendente-lite and future interest, from the learned District Judge- 05, Patiala House Court, to the learned District Judge (Commercial), Patiala House Court. The Suit was inadvertently filed as an ordinary suit and was therefore listed before the learned District Judge. 2. It is submitted that since the dispute arises out of an Agreement dated 02.09.2020 (hereinafter the ‘Agreement’) executed between the parties, whereby the petitioner agreed to render services to locate a suitable property for the respondents at Capital Court, Munirka and to manage the negotiation and execution of the transaction, it falls within the definition of a ‘commercial dispute’ as defined under Section 2 (c) of the Commercial Signature Not Verified Digitally Signed TR.P.(C.) 59/2025 Page 1 of 4 By:CHINU LUTHRA Signing Date:02.06.2025 21:59:29 Courts Act, 2015, and is therefore exclusively triable by the Commercial Court, Patiala House Court. 3. The Agreement, inter alia, stipulated that the petitioner will be entitled to a Success Fee equivalent to 2 % of the total sale consideration of the property to be purchased by the respondents. 4. Following several rounds of negotiatio