The petitioners (defendants) filed a plea before the Supreme Court seeking transfer of the suit from the Delhi High Court to the Madras High Court for trial and disposal. The bench explained why the transfer was warranted as follows:

“While it could be true that various High Courts may have the jurisdiction to hear a particular case, especially in the case of intellectual property disputes, any perception of a particular High Court being better suited to hearing a particular type of dispute is entirely misguided and erroneous. The mere existence of territorial jurisdiction in various courts cannot on its own become justification for forum shopping and cannot result in the perpetuation of notions of a hierarchy among the High Courts of this country. We also wish to highlight that, ordinarily, in a case whose respective parties, genesis and factual locus are based in a particular location, the courts of the said location would be most suited to understanding the nuances of that case.”

The Court noted that the petitioners carry on business at Chennai, while the respondents (plaintiffs) have their principal place of business at Nelmangala, Bangalore Rural District, Karnataka.

The bench expressed surprise at the plaintiffs' choice of forum and observed as follows:

“We fail to understand as to why the respondents/plaintiffs have filed the suit before the Delhi High Court when both the parties are residing in the neighbouring States of Karnataka and Tamil Nadu and the Madras High Court also has original jurisdiction to entertain the suit.”

Observing the aforesaid, the Court clarified that the transfer was not driven by convenience alone and that a case for transfer has been made out by the petitioner. Accordingly, it ordered the transfer of the civil suit from Delhi High Court to the Madras High Court,

“We therefore, find that the petitioner has made out a case for transfer of the suit from the Delhi High Court to the Madras High Court. We also find that the interests of justice would be served in the instant case, having regard to the fact that the parties are carrying on their respective businesses in the neighbouring States of Karnataka and Tamil Nadu and therefore for the expediency of disposal and bearing in mind all practical aspects, the Transfer Petition is liable to be allowed.”

“Accordingly, the Transfer Petition is allowed and the case viz., CS(COMM) 625/2026 on the file of the High Court of Delhi at New Delhi is transferred to the High Court of Judicature at Madras.”

Appearances:

For Petitioners: Mr Lakshman Raja T, Adv.; Mr ST Stalin, Adv.; Mr MP Srivignesh, AOR

For Respondents: Mr Abhimanue Shrestha, AOR; Mr Animesh Rastogi, Adv; Ms Neha Rastogi, Adv; Ms Sandhya Rastogi, Adv