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Calcutta High Court

Virgin Creation vs Icici Bank Ltd & Anr on 10 August, 2023

OD- 11
                                ORDER SHEET

                    IN THE HIGH COURT AT CALCUTTA
                     Ordinary Original Civil Jurisdiction
                              ORIGINAL SIDE

                                 CS/71/2018
                              IA No. GA/4/2023

                             VIRGIN CREATION
                                    -VS-
                           ICICI BANK LTD & ANR


  BEFORE:
  The Hon'ble JUSTICE KRISHNA RAO

Date: August 10, 2023.

Appearance:

Mr. Deeptangshu Kar, Adv.
Mr. Aasish Choudhury, Adv.
Ms. Muskan Bangani, Adv.
...for the plaintiff Mr. Avishek Guha, Adv.
Mrs. Debarati Das, Adv.
Ms. Akansha Chopra, Adv.
...for the defendants The Court: Affidavit-of-service filed by the plaintiff be kept with the record.
Counsel for the respective parties are present. Plaintiff has filed an application being GA/4/2023 praying for transfer of the case from the Original Division to the Commercial Division and submits that the valuation of the suit is more than Rs.1 crore and dispute between the plaintiff and the defendants is connected with the Maritime Law.
Counsel for the defendants raised no objection for transfer of the suit from Original Division to the Commercial Division.
Considered the submission made by the counsel for the plaintiff. 2 Perused the plaint, averments and documents relied on by the parties.
This Court finds that the dispute between the plaintiff and the defendants is commercial in nature and accordingly CS/71/2018 is transferred from this Court to the Commercial Division.
The plaintiff is directed to take appropriate steps for compliance of the provisions of the Commercial Courts Act within a period of two weeks from date.
The department is directed to make necessary amendment and the plaintiff is also directed to reaffirm and reverify the plaint after completion of all formalities.
Let the matter appear before the Commercial Division on 12th September, 2023.
GA/4/2023 is disposed of.
(KRISHNA RAO, J.) sp3