Calcutta High Court (Appellete Side)
Shristi Infrastructure Development ... vs Sarga Hotel Pvt. Ltd. And Anr on 18 June, 2024
18.06.2024
SSS (1)
In the High Court at Calcutta
Civil Appellate Jurisdiction
Appellate Side
(Commercial Division)
FMAT 222 of 2024
with
CAN 1 of 2024
Shristi Infrastructure Development Corporation Ltd.
Vs.
Sarga Hotel Pvt. Ltd. and Anr.
Mr. S. N. Mitra, Sr. Adv.
Mr. Sakya Sen,
Ms. Mayuri Ghosh,
Ms. Swastika Sengupta, Advs.
........For the Appellant.
Mr. Joy Saha, Sr. Adv.
Mr. Anirban Ray,
Mr. Abhrajit Mitra, Sr. Adv.
Mr. Siddhartha Sharma,
Mr. Rishav Dutt,
Mr. Danish Taslim,
Ms. Pratiksha Roy, Advs.
.......For the Respondents.
A suit was filed in the learned Commercial Court at Rajarhat, North 24 Parganas and numbered as TS (COM) 95 of 2024.
By the impugned judgment and order dated 24th May, 2024, on an application under Section 12A of the Commercial Courts Act, 2015, by the appellant/plaintiff, the learned court refused "leave to file the suit under Section 12A of the Commercial Courts Act" and went 2 further to add "the plaint is rejected as per order 7 rule 11 of the Code of Civil Procedure being barred by law."
The first objection taken by Mr. Abhrajit Mitra, learned senior advocate and Mr. Joy Saha, learned senior advocate, appearing for the respective respondents is that the order is not appealable.
Mr. S. N. Mitra, learned senior advocate, appearing for the appellant contends that the impugned judgment and order has not followed the authorities which were binding on the learned court below, the order is appealable and we should entertain the appeal.
We also observe that in the said impugned order the learned judge has remarked that the application of the appellant/plaintiff under order 39 rules 1 and 2 read with Section 151 of the Civil Procedure Code had "also not been heard on contest.....are both rejected as redundant."
As a very substantial question of law is involved, we admit the appeal subject to the question of maintainability raised by the respondents. Considering the urgency of the matter, we propose to hear out the appeal on the papers of the said petition itself.
Till we hear out the appeal, the records of the suit as maintained in the learned court below before the impugned judgment and order was passed, shall be retained. Any interim application before that court may be moved with the leave of this court.
3
List the appeal and the application (CAN 1 of 2024) for "Hearing" on 24th June, 2024 as an "application".
[I.P. Mukerji, J] [Biswaroop Chowdhury, J]