Calcutta High Court
Rika Global Impex Ltd vs Owners And Parties Interested on 8 August, 2025
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OD-19 2023:CHC-OS:5027 ORDER SHEET IN THE HIGH COURT AT CALCUTTA ADMIRALTY JURISDICTION ORIGINAL SIDE AS/12/2014 IA No. GA/1/2014 (Old No. GA/2215/2014), GA/3/2014 (Old No. GA/3936/2014) RIKA GLOBAL IMPEX LTD. VERSUS OWNERS AND PARTIES INTERESTED IN THE VESSEL MV.KOTA DUNIA & ANR. BEFORE: The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 8th August, 2025. Appearance: Ms. Ujjaini Chatterjee, Adv. Mr. Anirudha Agarwalla, Adv. Ms. Priyanka Garain, Adv. For the plaintiff. Mr. Souvik Kundu, Adv. Mr. Abir Debnath, Adv. For the defendants/respondents.
The Court: This Admiralty Suit is of the year 2014. It was instituted prior
to the Commercial Courts Act, 2015 came into operation. Under the provisions
of Section 2(1)(c)(iii) – issues relating to admiralty and maritime law has been
classified as commercial dispute. Admiralty Suit involving such commercial
dispute is, therefore, required to be treated as a suit under the Commercial
Division. In view of the provisions of Section 15 of the Commercial Courts Act,
2015 this suit is required to be transferred to the Commercial Division of this
Court for being heard as a commercial suit.
2
2023:CHC-OS:5027
By an order dated 5th July, 2023, a co-ordinate Bench had directed the
transfer. It appears from the original plaint placed before this Court that the
suit had stand transferred to the commercial division pursuant to the said
order dated 5th July, 2023 to the Commercial Division of this Court. The
endorsement of the register made on 7th August, 2023 is also there. The suit,
however, continues to appear in the Ordinary Admiralty Jurisdiction.
In the aforesaid facts and circumstances, the Department is directed to
allot a Commercial Suit Number to this suit and make necessary
correction/amendment to the register and the data base for this suit to be
treated as commercial suit. The Department shall also allocate number in the
Commercial Division to the pending applications in the suit.
The Department is further directed to carry out the direction given in this
order as expeditiously as possible.
The suit and the connected applications are directed to go out of the list
for the time being.
(ARINDAM MUKHERJEE, J.)
snn.