IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE APD/6/ 2025 WITH CS/138/2022 BENGAL SHRIRAM HITECH CITY PRIVATE LIMITED Versus HINDUSTAN MOTORS LTD. AND ANR.

Present :

The Hon’ble Justice Debangsu Basak -And-

The Hon’ble Justice Md. Shabbar Rashidi For the Appellant : Mr. Jishnu Saha, Sr. Adv.

Mr. Sankarsan Sarkar, Adv.

Mr. Aditya Kanodia, Adv. Ms. Sharfaa Ahmed, Adv.

For the Respondents : Mr. Tridib Bose, Adv.

Mr. Debjyoti Saha, Adv.

HEARD ON : 11.11.2025 DELIVERED ON : 11.11.2025 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 da