Calcutta High Court
Srg Earth Resources Private Limited vs Basu'S Industrial Oil And on 3 November, 2025
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OC-1 to 9 & 12
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
[COMMERCIAL DIVISION MATTER]
IA NO. GA-COM/5/2024
[OLD NO.CS/26/2022]
CS-COM/345/2024
SRG EARTH RESOURCES PRIVATE LIMITED
Vs
BASU'S INDUSTRIAL OIL AND
CHEMICAL AND ORS.
IA NO. GA-COM/4/2024
[OLD NO.CS/35/2022]
CS-COM/351/2024
RIMTEL TRADING PRIVATE LIMITED
Vs
BASU'S POLYFAB PRIVATE LIMITED AND ORS.
IA NO. GA-COM/5/2024
[OLD NO.CS/35/2022]
CS-COM/351/2024
RIMTEL TRADING PRIVATE LIMITED
Vs
BASU'S POLYFAB PRIVATE LIMITED AND ORS.
IA NO. GA/1/2022
[OLD NO.CS/26/2022]
CS-COM/345/2024
SRG EARTH RESOURCES PRIVATE LIMITED
Vs
BASU'S INDUSTRIAL OIL AND
CHEMICAL AND ORS.
IA NO. GA/4/2023
[OLD NO.CS/26/2022]
CS-COM/345/2024
SRG EARTH RESOURCES PRIVATE LIMITED
Vs
BASU'S INDUSTRIAL OIL AND
CHEMICAL AND ORS.
IA NO. GA-COM/6/2025
[OLD NO.CS/26/2022]
CS-COM/345/2024
SRG EARTH RESOURCES PRIVATE LIMITED
Vs
BASU'S INDUSTRIAL OIL AND
CHEMICAL AND ORS.
IA NO. GA/1/2022
[OLD NO.CS/35/2022]
CS-COM/351/2024
RIMTEL TRADING PRIVATE LIMITED
Vs
BASU'S POLYFAB PRIVATE LIMITED AND ORS.
IA NO. GA-COM/6/2025
[OLD NO.CS/35/2022]
CS-COM/351/2024
RIMTEL TRADING PRIVATE LIMITED
Vs
BASU'S POLYFAB PRIVATE LIMITED AND ORS.
IA No.GA/1/2023
[OLD No.CS/143/2023]
CS-COM/526/2024
BASU'S POLYFAB PRIVATE LIMITED & ORS.
VS.
SRG EARTH RESOURCES LIMITED & ORS.
IA No.GA-COM/2/2024
[OLD No.CS/143/2023]
CS-COM/526/2024
BASU'S POLYFAB PRIVATE LIMITED & ORS.
VS.
SRG EARTH RESOURCES LIMITED & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 3rd November, 2025 Appearance:
Mr. Shubasish Sengupta, Adv.
Mr. Lalit Baid, Adv.
Mr. Satyaki Mukherjee, Adv.
Mr. Tamoghna Saha, Adv.
For plaintiff in CS/26/2022 & CS/35/2022 and defendants in CS/143/2023.
Mr. Rupak Ghosh, Adv.
Ms. Gargi Goswami, Adv.
Mr. Amitava Deb, Adv.
For plaintiffs in CS/143/2023 and defendants in CS/26/2022 & CS/35/2022. The Court :- Three suits which are commercial in nature respectively numbered as CS/26/2022 (now CS-COM/345/2024), CS/35/2022 (now CS-COM/351/2024) and CS/143/2023 (now CS-COM/526/2024) have been assigned to this Bench with all connected applications. There are two other suits between the same set of parties or inter se between majority of them. These are CS/25/2022 and CS/34/2022. These two suits are not assigned to this Bench. The parties say that these two suits are also required to be heard along with the other three commercial suits assigned to this Bench as the issues are either overlapping or interlinked.
The parties jointly submit that they will take steps for having the two non-commercial suits being CS/25/2022 and CS/34/2022 assigned to this Bench to avoid any future complication. The parties are free to take such steps.
In CS/26/2022 (now CS-COM/345/2024) there are four applications. The first one in order of time is the injunction application filed by the plaintiff therein being IA No.GA/1/2022. The second application in order of time is an application for judgment upon admission by the plaintiff inter alia under the provision of Order 12 Rule 6 of the Code of Civil Procedure, 1908 (in short 'CPC') being IA No.GA/4/2023. The third application in order of time is by the defendants for revocation of leave under Section 12A of the Commercial Courts Act, 2015 which is numbered as IA No.GA-COM/5/2024. The next application in order of time is also by the defendants being IA No.GA-COM/6/2025 for vacating of the injunction order already passed in favour of the plaintiff in the said suit.
In CS/35/2022 (now CS-COM/351/2024) there are also four applications. The first one in order of time is the injunction application filed by the plaintiff therein being IA No.GA/1/2022. The second application in order of time being IA No.GA-COM/4/2024 filed by the defendants is an application for revocation of leave granted under Section 12A of the Commercial Courts Act, 2015. The third application in order of time being IA No.GA-COM/5/2024 is by the plaintiff for amendment of the plaint under the provisions of Order VI Rule 17 of CPC. The fourth application in order of time being IA No.GA-COM/6/2025 is by the defendants for vacating and/or modifying the order of injunction already passed in favour of the plaintiff.
In CS/143/2023 (now CS-COM/526/2024) there are two applications. The first application being IA No.GA/1/2023 is an application by the plaintiffs therein inter alia for injunction. The second application being IA No.GA-COM/2/2024 is an application in the said suit inter alia for rejection of the plaint and/or the plaint be taken off the records.
It is therefore clear that the application for revocation of leave granted under Section 12A of the 2015 Act filed in CS/26/2022 (now CS- COM/345/2024) has to be taken up first, then the applications for injunction, vacating of the interim order and judgment on admission as indicated hereinabove have to be taken up for consideration. In CS/35/2022 (now CS-COM/351/2024) the application for revocation of leave granted under Section 12A of the 2015 Act and the amendment application have to be taken up together at the first instance. Thereafter the applications for injunction and the vacating of the interim order shall be taken up for consideration. In respect of CS/143/2023 (now CS-COM/526/2024) the application inter alia for rejection of the plaint has to be taken up first and only thereafter the injunction application has to be taken up.
The parties seek an adjournment on the ground that certain negotiations have taken place between the parties for settlement as also for getting the two suits filed in the non-commercial division assigned to this Bench, if possible.
Let all the applications as aforesaid appear in the monthly list of December, 2025.
(ARINDAM MUKHERJEE, J.) pa