The Golden Soap Factory Private Limited vs Shailja Craft Private Limited
2025 Latest Caselaw 1514 Cal/2

Calcutta High Court

The Golden Soap Factory Private Limited vs Shailja Craft Private Limited on 18 August, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-22
                                                         ORDER SHEET


                             IA NO. GA/2/2025
                                     IN
                                CS/137/2024

                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION

                THE GOLDEN SOAP FACTORY PRIVATE LIMITED
                                  VS.
                     SHAILJA CRAFT PRIVATE LIMITED


 BEFORE:
 The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 18th August, 2025 Appearance:

Mr. Saunak Sengupta, Adv.(VC) Ms. Mandeep Kaur, Adv.

For plaintiff Mr. Ritoban Sarkar, Adv.

Mr. Barnik Ghosh, Adv.

For defendant

The Court :- The defendant has commenced its argument in support

of the application for return of the plaint on the ground that the transaction

between the plaintiff and the defendant will give rise to a commercial dispute

as enumerated under Section 2 (1) (c) of the Commercial Court Act, 2015

(hereinafter referred to as 2015 Act) and in particular under Section 2 (1) (c)

(i) thereof.

The defendant by relying upon the Division Bench judgment reported

in 2022 SCC OnLine Cal 3010 (Venkatesh Vincom Private Limited Vs.

Spice of Joy, Multicuisine Restaurant Cum Bar and Others) argue that

the document at page 24 of the application is a mercantile document. The

defendant has also relied upon bank balance sheet of the plaintiff to contend

that going by the volume of loan it is to be concluded that the plaintiff's main

business is lending money against interest.

In order to counter this, the plaintiff has relied upon a judgment

reported in 2021 SCC OnLine Bom 13984 (Bharat Huddanna Shetty Vs.

Ahuja Properties & Developers & Ors.) and has submitted that the

document at page 24 of the application does not conform the requirement of

a mercantile document and, as such, the transaction will not give rise to a

commercial dispute under Section 2(1) (c) (i) of the 2015 Act.

Hearing could not be concluded.

Let this matter appear on 20th August, 2025.

(ARINDAM MUKHERJEE, J.)

Sb/