SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(Cal) 52

SABYASACHI BHATTACHARYYA
Deepak Polymers Private Limited – Appellant
Versus
Anchor Investments Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Aniruddha Chatterjee, Mr. Arijit Chakraborty, Mr. Tapas Saha, Mr. Pranit Bag, Mr. Diprav Deb
For the Respondent: Mr. Rajarshi Dutta, Mr. VVV Sastri, Mr. Nischay Mall, Ms. Shivika Tiwari

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. All the revisional applications are heard analogously in view of the issue involved being the same. Each of the revisional applications under Article 227 of the Constitution arise out of suits for eviction under Section 106 of the Transfer of Property Act, 1882, which is evident from the cause of action pleaded in each of the plaints.

2. The primary relief sought in the suits is recovery of possession from the respective defendants. Ancillary reliefs regarding mesne profits etc., have also been sought.

3. By the impugned orders, the court below rejected applications filed by the defendants/petitioners under Order VII Rule 10 of the Code of Civil Procedure for return of the plaint to be presented before an appropriate forum, on the ground that the Commercial Court, in which the suits were instituted, does not have jurisdiction to hear the said suits.

4. Such applications were dismissed on similar reasoning by the orders impugned in all the revisional applications.

5. The primary question which falls for consideration is whether a suit, primarily for recovery of possession of immovable property under Section 106 of the Transfer of Property Act, pe

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

    Please visit our Training & Support
    Center or Contact Us for assistance

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top