Calcutta High Court
Bmw Industries Limited vs Vishal Surana on 4 December, 2023
O-50
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
CS/196/2010
IA No.GA/2/2010 (Old No.GA/3535/2010)
BMW INDUSTRIES LIMITED
-VS-
VISHAL SURANA
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : December 04, 2023.
Appearance :
Mr. Varun Kothari, Adv.
Mr. A. Agarwalla, Adv.
Mr. V. Khaitan, Adv.
... for the plaintiff The Court: Mr. Varun Kothari, learned Counsel, is appearing for the plaintiff.
None appears on behalf of the defendant.
Counsel for the plaintiff has obtained a report from the Deputy Registrar (Ct. & J.) dated 12.10.2023 wherein it reveals that the defendant has entered appearance through the learned advocate Mr. Dipayan Kundu on 16th June, 2022 but there is no report to ascertain whether the defendant has filed the written statement or not. Counsel for the plaintiff prays for time to obtain a report whether defendant has filed written statement or not.
Counsel for the plaintiff submits that the suit was filed in the year 2010 but the nature of the suit is commercial in nature and after promulgamation of Commercial Courts Act, 2015, the suit filed by the plaintiff is required to be heard by the Commercial Court. 2
Counsel for the plaintiff prays for transfer of the present suit from this Court to Commercial Division.
Considering the Counsel for the plaintiff, perused the plaint and the document, this Court finds that the nature of the suit is commercial in nature.
Accordingly, CS/196/2010 is transferred from this Court to Commercial Division.
The plaintiff is directed to take appropriate steps for compliance of the provision of the Commercial Courts Act within a period of three weeks from date. The plaintiff is also directed to obtain report to ascertain whether the defendant has filed written statement or not in the meantime.
List the matter on 4th January, 2024 before the Commercial Division.
(KRISHNA RAO, J.) S.De