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2021 Supreme(Cal) 133

DEBANGSU BASAK
Swadha Builders Pvt. Ltd. – Appellant
Versus
Nabarun Bhattacharjee – Respondent


Advocates Appeared:
Pramit Bag, Advocate, Rahul Poddar, Advocate, Alokananda Das, Advocate, Rituparna Chatterjee, Advocate, Rupak Ghosh, Advocate, Ronojit Choudhury, Advocate

JUDGMENT

Debangsu Basak, J. - The plaintiffs have applied under Section 15 of the Commercial Courts Act, 2015 for transferring the instant suit to the Commercial Division of this Hon'ble Court.

2. Learned Advocate appearing for the plaintiffs has submitted that, the two criteria laid down under Section 15 of the Act of 2015 for the transfer of the suit to the Commercial Division stands satisfied in the facts of the present case. He has submitted that, the disputes and issues involved in the present suit are commercial disputes within the meaning of Section 2(1)(c)(i) and (vii) of the Act of 2015. The plaintiffs have valued the suit in excess of the prescribed value for the Commercial Division. He has submitted that, the plaintiff has claimed a decree for declaration and perpetual injunction as also a decree for loss and damages suffered by the plaintiffs at the hands of the defendants. He has submitted that, the defendant Nos. 1 to 6 wrongfully and fraudulently induced the plaintiffs to enter into agreements by which, an immovable property of the plaintiff No. 1 was mortgaged by the defendant Nos. 1 and 2 for the purpose of obtaining credit facilities for the defendant No. 3 from th

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