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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI
Bengal Shriram Hitech City Private Limited – Appellant
Versus
Hindustan Motors Ltd. – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Appeal is at the behest of the plaintiff and directed against the judgement and decree dated November 29, 2023.
2. By the impugned judgment and decree, learned Single Judge, allowed an application seeking dismissal of the suit filed by the appellant.
3. Learned senior Advocate appearing for the appellant submits that, Learned Single Judge, dismissed the suit primarily on two grounds. One of the two grounds, was per Order II Rule 2 of the Code of Civil Procedure, 1908 and the other was that, the dispute being a commercial dispute within the meaning of the Commercial Courts Act, 2015, and the suit not being filed in the Commercial Division, subsequent to the cut off date being December 11, 2020, was barred under Section 12A of the Act of 2015.
4. Learned senior Advocate for the appellant submits that, the suit cannot be dismissed on the ground of Order II Rule 2 of the Code of Civil Procedure, 1908, as erroneously done by the learned Single Judge. He submits that, the appellant filed a suit being Title Suit No.162 of 2021 in the Court of the Learned Civil Judge (Senior Division) at Serampore. He refers to the plaint of such suit (hereinafter for the sake o
The court clarified that distinct causes of action in two separate suits prevent dismissal under Order II Rule 2, and determined that the present dispute did not qualify as a commercial dispute under....
A dispute arising from an agreement to sell immovable property used for trade is a commercial dispute, mandating resolution in a Commercial Court, as clarified by statutory definitions.
Revisional applications - Scope of assumption of jurisdiction by Commercial Court - No question of bar to revisions against interlocutory orders passed by Commercial Courts Act arises in present case....
Section 12A of the Commercial Courts Act, 2015 is mandatory and compliance thereof are required for a valid institution of a suit.
The court ruled that adequate notice was served to the defendants, and the suit was commercial in nature, but the decree could not be set aside due to alternative remedies available under the Code of....
The main legal point established in the judgment is that the applicability of Order II Rule 2 of the Code of Civil Procedure, 1908 depends on the identity of causes of action between the previous sui....
The court affirmed that disputes arising from agreements related to property used for trade fall under the jurisdiction of Commercial Courts, emphasizing the need for factual evaluation in limitation....
The central legal point established in the judgment is the strict construction of the provisions of the Commercial Courts Act, the requirement to consider the nature of the proposed amendment before ....
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