The Supreme Court has transferred an intellectual property-related commercial suit from the Delhi High Court to the Madras High Court, observing that considering one High Court better equipped than another to decide a particular category of disputes is a mistaken approach, Courtroom Today reported on Thursday, November 12.

Source: Courtroom Today

A Bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan allowed a transfer petition filed by the defendants in the commercial suit. The defendants conduct their business in Chennai, Tamil Nadu, while the plaintiffs who instituted the suit have their principal business establishment in Nelamangala, in Bengaluru Rural District, Karnataka — both in southern India, even though the suit was filed in Delhi.

What the Bench said

"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."

The Court explained that the availability of multiple legally permissible forums does not establish that one High Court is superior to another, and that courts located near the parties and the events giving rise to a dispute are ordinarily better positioned to understand the relevant circumstances. It clarified that its decision was not based merely on the convenience of the parties, but on the geographical connections of the dispute, practical aspects of conducting proceedings and the need for an efficient resolution, a second report by S. Kumar & Associates said.

Source: S. Kumar & Associates

Accordingly, the Supreme Court directed that commercial suit CS(COMM) 625/2026, pending before the Delhi High Court, be transferred to the Madras High Court, which also possessed original jurisdiction to hear the matter.

The ruling is a reminder to litigants to choose a judicial forum based on the actual connection between the dispute and the court, rather than on assumptions about the relative suitability of different High Courts.