Calcutta High Court
T E Thomson And Company Limited vs Swarnalata Chopra Nee Kapur And Anr on 23 December, 2024
Author: Soumen Sen
Bench: Soumen Sen
OCD-1
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
[Commercial Division]
CS-COM/4/2023
IA NO: GA-COM/3/2024,
GA-COM/4/2024
T E THOMSON AND COMPANY LIMITED
VS
SWARNALATA CHOPRA NEE KAPUR AND ANR
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
AND
The Hon'ble JUSTICE BISWAROOP CHOWDHURY
Date : 23rd December, 2024.
Appearance:
Mr. Chayan Gupta, Adv.
Mr. Dwip Raj Basu, Adv.
...for the plaintiff.
Mr. Ranjan Bachawat, Sr. Adv.
Mr. Sarosij Dasgupta, Adv.
Mr. Javed K. Sanwarwala, Adv.
Mr. Shariq A. Sanwarwala, Adv.
Ms. Sadaf Aafmin, Adv.
...for the defendant no.1.
1.
This matter is assigned to the Division Bench presided over by one of
us (Soumen Sen, J.) by administrative order of the Hon’ble The Chief
Justice dated 4th November, 2024. However, this matter is listed
today. The Hon’ble Justice Krishna Rao has referred the matter to the
Hon’ble The Chief Justice to constitute a special Bench to decide the
following issues:-
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a. Whether after issuance of notice under Section 106 of the Transfer of
Property Act, 1882, the defendant or the parties cannot rely the
agreement/or Lease Deed as the case may be?
b. Whether only on the basis of the case initiated under Section 106 of the
Transfer of Property Act, 1882, it can be said that Court cannot look
into the agreement between the parties and thus the suit cannot be
treated as commercial suit in terms of Section 2(1)(c)(vii) of the
Commercial Courts Act, 2015?
c. Whether if the Explanation Clause of Section 2(1)(c) of the Commercial
Courts Act, 2015 taken into consideration along with Section 106 of the
Transfer of Property Act, 1882, the suit can be treated as commercial
suit in terms of the lease agreement/rent agreement entered between
the parties?
2. The said reference was made by reason of a contrary view being taken
by Hon’ble Justice Sabyasachi Bhattacharyya in Deepak Polymers
Private Limited Vs. Anchor Investments Private Limited earlier on 24th
June, 2021.
3. The matter shall be listed on 17 th January, 2025.
4. The parties are directed to file written notes of argument in the
meantime.
5. It appears that the Department has shown GA-COM/2/2024 as
disposed of. In view of the reference, this matter cannot be shown as
disposed of.
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6. The Registrar, IT to carry out the necessary rectification in the said
suits of GA-COM/2/2024.
(SOUMEN SEN, J.)
(BISWAROOP CHOWDHURY, J.)
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