Calcutta High Court
Vijaywargi Pulses & Grains Private ... vs Care Utility Products (Private) ... on 12 June, 2025
Author: Sugato Majumdar
Bench: Sugato Majumdar
OD - 18
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA NO. GA/6/2024
In CS/137/2018
VIJAYWARGI PULSES & GRAINS PRIVATE LIMITED
Vs
CARE UTILITY PRODUCTS (PRIVATE) LIMITED
BEFORE:
THE HON'BLE JUSTICE SUGATO MAJUMDAR
Date: 12th June, 2025 Appearance:
Mr. Aditya Garodia, Adv.
Mr. Pintu Ghosh, Adv.
.....for the Plaintiff Mr. Soumabho Ghose, Adv.
Mr. Aayush Lakhotia, Adv.
Ms. Sanchali Bhowmik, Adv.
....for the Defendant The Court: GA 6 of 2024 is filed by the Defendant, praying for rejection of plaint/dismissal of the suit. It is contended that the suit was filed after coming into force of the Commercial Courts Act, 2015. Therefore, it was not filed in appropriate jurisdiction.
Affidavit-in-Opposition was filed, denying that the instant suit is a commercial one and also denying other contentions.
Bare perusal of the plaint shows that the dispute is of commercial nature since arose out of business transactions of the parties. The suit was filed on 09/07/2018. Specified value was notified by the Government on 15th November, 2018. The suit was filed prior to coming into notification. In view of the decision of this Court in Laxmi Polyfab Pvt. Ltd. Vs. Eden Realty Ventures Pvt. Ltd. and Ors., [AIR 2021 Cal 190] impliedly approved in Patil Automation (P) Ltd. Vs. Rekheja Engineers (P) Ltd., [(2022) 10 SCC 1], let the suit be transferred to the Commercial Division.
GA 6 of 2024 stands disposed of.
Department is directed to do the needful and place the suit before the Bench having determination.
(SUGATO MAJUMDAR, J.)