Supreme Court Directs Delhi High Court to Expedite Hearing in Commercial Dispute Between Shree Balajee Enterprises and MDH Pvt Ltd.


10 October 2025
In a key step towards avoiding procedural holdups, the Supreme Court of India has instructed the Delhi High Court to list CM(M) No. 926 of 2025 — a petition filed against the dismissal of an application under Order 7 Rule 11 of the Civil Procedure Code in a commercial case involving M/s Shree Balajee Enterprises and M/s Mahashian Di Hatti (MDH) Pvt Ltd.

The issue arises from a civil commercial case (No. 745 of 2022) instituted by MDH in the Commercial Court at Tis Hazari for a money decree of Rs. 44,88,637.03 with interest at 18% per annum, an order for furnishing accounts, and costs of litigation. Defendants Shree Balajee Enterprises instituted an application under Order 7 Rule 11 CPC raising lack of jurisdiction. The application was dismissed by the trial court.


 

 

Overturning such rejection, the petitioners went to the Delhi High Court, which instructed the trial court to proceed with the proceedings, including evidence recording, but to hold back from finally decreeing the suit until the next hearing date on 7 November 2025.

At the hearing before the Supreme Court on 10 October 2025, it was contended by the petitioners' lawyer that concurrent progression of the trial while the challenge to jurisdiction was pending risked prejudicing their case. Seeing this concern, the bench of Justice J.B. Pardiwala and Justice K.V. Viswanathan requested that the High Court finalize the case in a timely manner — ideally within four weeks. The Court noted that the pre-scheduled hearing date of the High Court could also be the time for final disposal of the petition.

The direction also added that the petitioners could ask the trial court for more time considering the directions, thus bringing trial progress in synch with the resolution of the jurisdictional issue. Observing these points, the Supreme Court dismissed the special leave petition.

This order highlights the top court's emphasis on achieving procedural efficiency in commercial lawsuits, especially in cases where jurisdictional issues form the crux of the issue.


Code of Civil Procedure, 1908