IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE Present:

The Hon’ble Justice Debangsu Basak And The Hon’ble Justice Md. Shabbar Rashidi APD 11 of 2023 WITH CS 83/2019 INDIAN OIL CORPORATION LIMITED VS JAYANTA KRISHNA DATTA AND ANOTHER For the Appellant : Mr. Anirban Ray, Ld. Sr. Adv.

Mr. Amit Kr. Nag, Adv.

Mr. Partha Banerjee, Adv.

Mr. Debraj Shaw, Adv.

For the Respondent : Mr. Abhrajit Mitra, Sr. Adv.

Mr. Sarvapriya Mukherjee, Adv.

Mrs. Iram Hassan, Adv.

Mr. Samriddha Sen, Adv.

Mr. Himangshu Bhawsinghka, Adv.

Hearing Concluded on : February 12, 2026 Judgement on : March 12, 2026 DEBANGSU BASAK, J.:-

1. Appellant has assailed the judgment and decree dated February 17, 2023 passed in IA GA No. 1 of 2019 in CS No. 83 of

2019.

2. Learned Senior Advocate appearing for the appellant has contended that, the impugned judgment and decree ought to be set aside since, the same was passed in a suit involving a commercial dispute within the meaning of the Commercial Courts Act, 2015. He has contended that suit was not filed in the Commercial Division therefore, accordingly, learned Single Judge has erred in exercising jurisdiction over the subject suit.

3. Learned Senior Advocate a