Vijaywargi Pulses & Grains Private … vs Care Utility Products (Private) … on 12 June, 2025

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.)