Calcutta High Court
T. E. Thomson And Company Limited vs Musical Films Private Limited on 23 March, 2026
Author: Aniruddha Roy
Bench: Aniruddha Roy
OCD-4
In The High Court at Calcutta
Commercial Division
Original Side
CS-COM/33/2026
T. E. THOMSON AND COMPANY LIMITED
VS
MUSICAL FILMS PRIVATE LIMITED
BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date: March 23, 2026.
Appearance:
Mr. Chayan Gupta, Adv.
Mr. Rittick Chowdhury, Adv.
Mr. Dwip Raj Basu, Adv.
The Court: Mr. Chayan Gupta, learned advocate appears for the
plaintiff.
This is a suit for eviction filed by the landlord-plaintiff against the
tenant-defendant. The suit was initially filed in the year 2018 before the
Non-commercial Division. However, in the light of the provisions led down
under the Commercial Courts Act, 2015, it is submitted on behalf of the
plaintiff that cause of action is commercial in nature and, accordingly, the
original suit has already been transferred/returned to Commercial Division
of this Court and has been registered as CS-COM/33/2026.
Mr. Chayan Gupta, learned advocate appearing for the plaintiff
submits that since the suit has already been returned to the Commercial
Division, there is no scope for making any prayer for dispensation of pre-
litigation mediation upon contemplating an urgent relief as provided under
Section 12A of the C.C. Act.
Accordingly, on the prayer of Mr. Chayan Gupta, learned advocate,
leave, as prayed for in the plaint, is struck off. The department shall once
2
again scrutinize the plaint and if any deficiency is found, the plaintiff shall
be at liberty to correct the same strictly in accordance with law.
(ANIRUDDHA ROY, J.)
Arsad
CS-COM/33/2026
A.R., J.