IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION COMMERCIAL APPELLATE DIVISION APPELLATE SIDE Before:

The Hon’ble Justice Arijit Banerjee And The Hon’ble Justice Om Narayan Rai FAT 3 of 2024 With I.A. No. CAN 2 of 2025 Everstrong Sales Pvt. Ltd.

Vs.

Binod Kumar Mahipal & Ors.

For the Appellant : Mr. Abhrajit Mitra, Sr. Adv Mr. Shoham Sanyal, Adv.

Mr. K.N. Jana, Adv.

For the Respondent No. 41 : Mr. Mainak Bose, Sr. Adv.

Mr. Rishabh Karnani, Adv.

Mr. Sourath Dutt, Adv.

Mr. Sanjay Kr. Baid, Adv.

Hearing Concluded on : 06.05.2025 Judgment on : 30.06.2025 Om Narayan Rai, J.:-

1. The instant appeal assails an order dated August 11, 2023 passed by the learned Judge, Commercial Court at Rajarhat in Title Suit No. 20 of 2021 (C.C) whereby an application for rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereafter “the Code”) filed by the defendant no. 41 (respondent no. 41 herein) has been allowed.

2. Since we are examining an order whereby an application for rejection of plaint has been allowed, the case run in the plaint only needs to be noticed together with the documents appended thereto. Briefly summed up the plaint case is as follows:

a. The defendant n