Sony Realcon Private Limited vs Anup Kumar Jhunjhunwala
2022 Latest Caselaw 2890 Cal/2

ORDER SHEET
                                                                       OCD-6 & 7
                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                         [COMMERCIAL DIVISION]

                             IA No. GA/4/2022
                                     In
                               CS/231/2021
                      SONY REALCON PRIVATE LIMITED
                                  VERSUS
                       ANUP KUMAR JHUNJHUNWALA

                             IA No. GA/3/2022
                                     In
                               CS/231/2021
                      SONY REALCON PRIVATE LIMITED
                                  VERSUS
                       ANUP KUMAR JHUNJHUNWALA


  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 29th November, 2022.

Appearance:

Mr. Rajarshi Dutta, Adv.

Mr. Sujit Banerjee, Adv.

Mr. Nilay Sengupta, Adv.

Mr Sarbajit Mukherjee, Adv.

For the plaintiff.

Mr. Rettobroto Mitra, Adv.

Mr. Rudrajit Sarkar, Adv.

Mr. Varun Kothari, Adv.

Mr. Debangshu Dinda, Adv.

For the defendant.

The Court :- Mr. Mitra, learned Advocate appearing on behalf of the

defendant, refers to a judgment and order dated 26th September, 2022 passed by

a Division Bench of this Court in FMAT 20 of 2022 (Venkatesh Vincom Private

Limited-Vs-M/s. Spice of Joy, Multicuisine Restaurant cum Bar & Ors.) and

submits that in the case before the Division Bench the transaction was between a

Non-Banking Financial Company (NBFC) and a restaurant. The loan given by

NBFC is an ordinary transaction of financier. In the instant case, the plaintiff is

neither a merchant nor a banker or a financier to qualify under the nomenclature

ordinary transaction as in Section 2[c][i] of the Commercial Courts Act, 2015.

There is no mercantile document in the instant case for which the transaction is

also not within the ambit of Section 2[c][i]. As a consequence thereof the suit

does not pertain to a commercial dispute and as such could not have been

instituted in the Commercial Division of this Court. The plaint, therefore, is

required to be returned for being presented in the competent court, if law

permits.

Let this matter appear on 6th December, 2022.

(ARINDAM MUKHERJEE, J.)

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