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2026 Supreme(Cal) 298

IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
Bengal Industrial Corporation – Appellant
Versus
Rajasthan Fertilizers and Chemical Corporation Limited – Respondent


Advocates Appeared:
For the Appellants : Sourav Kumar Mukherjee, Sahana Pal, Souhardya Mitra
For the Respondents: Urmila Chakraborty, Amit Meharia, Paromita Banerjuee, Tamoghna Chattopadhyay

JUDGMENT :

DEBANGSU BASAK, J.

1. The appeal is against the judgment and order dated July 14, 2023 passed in CS No. 26 of 2021.

2. The appeal is at the behest of the defendant in a suit for eviction. Appellant suffered a decree of eviction by the impugned judgment and order.

3. Learned advocate appearing for the appellant submits that, the suit involves commercial disputes within the meaning of Section 2(1)(c)(vii) of the Commercial Courts Act, 2015. He refers to the pleadings of the plaint. He submits that the suit was premised upon an agreement dated September 14, 2018. The agreement relates to a tenancy created in respect of an office space in an office block. He submits that, as on the date of institution of the suit, the suit property was used for commercial purposes. Secondly, according to him, the suit involves commercial dispute. In support of such contention he relies upon (Ambalal Sarabhai Enterprises Ltd. vs. K. S. Infraspace LLP & Anr.  (2020) 15 SCC 585).

4. Learned advocate appearing for the appellant submits that, the suit was filed on January 29, 2021. He submits that, the Act of 2015 came into effect on and from October 23, 2015. Initially, there was a notification speci

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