Rohit Shroff vs Middleton Trucking Services Llp And Ors
2025 Latest Caselaw 2286 Cal/2

Calcutta High Court

Rohit Shroff vs Middleton Trucking Services Llp And Ors on 25 April, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OCD-2


                               APOT/97/2025
                                    With
                             CS-COM /269/2024
                           IA NO: GA-COM/1/2025

                    IN THE HIGH COURT AT CALCUTTA
                       Commercial Appellate Division
                             ORIGINAL SIDE


                          ROHIT SHROFF
                              -VS-
             MIDDLETON TRUCKING SERVICES LLP AND ORS.



 BEFORE:
 The Hon'ble JUSTICE ARIJIT BANERJEE

 The Hon'ble JUSTICE OM NARAYAN RAI
 Date : 25th April, 2025.


                                                                         Appearance:
                                                          Mr. Siddhartha Lahiri, Adv.
                                                          Mr. Sarosij Dasgupta, Adv.
                                                          Ms. Swati Chowdhury Adv.
                                                               Mr. Debraj Dutta, Adv.
                                                                   ...for the appellant

                                                            Mr. Anirban Ray, Sr. Adv.
                                                          Mr. Soumabho Ghose, Adv.
                                                         Mr. Soumlaya Ganguli, Adv.
                                                        Ms. Tiana Bhattacharya, Adv.
                                                                ...for the respondents

The Court: This appeal is directed against a judgment and order dated

March 24, 2025 whereby a Learned Judge of this Court dismissed the

appellant's application for extension of time to file written statement.

On a reading of Section 13 of the Commercial Courts Act, 2015, and in

view of the Division Bench judgments of this Court in Sabri Properties Pvt.

Ltd. & Ors. -vs- Frostees Exports (Inda) Pvt. Ltd. reported at 2024 SCC

OnLine Cal 2530 and in A.K. Ghosh & Co. -vs- Biman Bose & Ors (AO-

COM/35/2024, CS-COM/440/2024) and the Supreme Court decision in

Kandla Export Corporation & Anr. -vs- OCI Corporation & Anr. reported at

(2018) 14 SCC 715, we have to hold that an order extending or refusing to

extend time to file written statement insofar as a commercial cause is

concerned, is not appellable.

Mr. Lahiri, learned advocate for the appellant, at this juncture prays

for leave to withdraw this appeal and pursue any other remedy that his

client may have. Such leave is granted.

APOT/97/2025 along with IA No.GA-COM/1/2025 are dismissed as

withdrawn. This will not prevent the appellant to pursue any other remedy

that may be available to him in law.

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.)

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