Payel Commercial Private Limited vs St. Pauls K.G.And Day School
2023 Latest Caselaw 2205 Cal/2

OCD-4

                     IN THE HIGH COURT AT CALCUTTA
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                ORIGINAL SIDE

                             IA NO. GA 3 OF 2023
                                      IN
                                 CS 4 OF 2022
                             IN THE MATTER OF:
                     PAYEL COMMERCIAL PRIVATE LIMITED
                                      VS
                       ST. PAULS K.G.AND DAY SCHOOL


BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date : 22nd August, 2023.

Appearance:

Mr. Debajyoti Basu, Adv.

Mr. Triptimoy Talukder, Adv.

Mr. Diptomoy Talukder, Adv.

Ms. Chanchala Chatterjee, Adv.

For plaintiff Mr. Sukrit Mukherjee, Adv.

Ms. Sormi Dutta, Adv.

For defendant

The Court : This is an application filed for rejection of plaint and in the

alternative return thereof for being filed in the competent court. The defendant

says that the suit is based on non-compliance of the requisition made by the

plaintiff to quit and vacate the suit property by issuance of notice under Section

106 of the Transfer of Property Act, 1882.

The moment the suit is based on a failure to comply with the provisions of

a notice under Section 106 of the Transfer of Property Act, 1882 there is a failure

of a statutory requirement involved. In such a case, the suit is not based on the

contract entered by and between the plaintiff (landlord) and the defendant

(tenant) and, as such, there is no application of the provision of Section 2(1)(c)(vii)

of the Commercial Courts Act, 2015. The suit does not, therefore, arise out of a

commercial dispute and, as such, cannot be construed and held to be a

commercial suit within the definition of the Commercial Courts Act, 2015. The

plaint, therefore, should be rejected and/or returned.

The defendant also urges that by valuing the suit over and above the

specified value fixed under the Commercial Courts Act, 2015, the suit for

recovery of possession on expiry of notice period under Section 106 of the

Transfer of Property Act, 1882 cannot be said to be a suit instituted in the

Commercial Division of this Court. The plaint, therefore, should be rejected

and/or returned. The defendant relied upon a judgment of a co-ordinate Bench

delivered on 24th June, 2021 in C.O. NO.759 of 2021 (Deepak Polymers Pvt. Ltd.

Vs. Anchor Investments Pvt. Ltd.). The arguments could not be concluded. The

matter requires further consideration.

Let this matter appear in the list on 30th August, 2023.

The department is directed to place before this Court the original plaint at

the time of hearing of this application.

(ARINDAM MUKHERJEE, J.)

sb/