Kushal Lohia vs M/S Stellar And Ors
2025 Latest Caselaw 3311 Cal/2

Calcutta High Court

Kushal Lohia vs M/S Stellar And Ors on 10 December, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

ORDER SHEET                                                           OD-14 & 26


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

                              IA NO. GA/3/2025
                                      In
                                 CS/178/2023
                                KUSHAL LOHIA
                                      Vs
                            M/S STELLAR AND ORS.

                                      AND

                              IA NO. GA/2/2025
                                      In
                                CS/178/2023
                                KUSHAL LOHIA
                                      Vs
                            M/S STELLAR AND ORS.


  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE
  Date: 10th December, 2025.

                                                                      Appearance:
                                                        Ms. Priyanka Agarwal, Adv.
                                                           Ms. Vedika Sureka, Adv.
                                                                ...For the Petitioner.
                                                          Mr. Andolan Sarkar, Adv.
                                                            Mr. Barnik Ghosh, Adv.
                                                            ...For the Respondents.

The Court :- This is an application although for rejection of the plaint but

in pith and substance an application for return of the plaint on the ground that

the suit relates to a commercial disputes and ought to have been framed and

instituted as a commercial suit in the Commercial Division of this Court.

It is submitted by the plaintiff that an application for judgment on

admission, inter alia, under the provisions of Order XII Rule 6 of the Code of Civil

Procedure 1908 (in short "CPC") has been filed by the plaintiff.

The defendants have taken the same point as in this application in their

affidavit-in-opposition.

The plaintiff therefore submits that the application of the defendants be

heard along with the plaintiff's application for judgment on admission so that

these points can be dealt with by the plaintiff at the time of hearing.

The application for judgment upon admission being IA NO. GA/2/2025 is

also appearing in the list.

Let this application along with IA NO. GA/2/2025 appear in the monthly

list of January, 2026.

(ARINDAM MUKHERJEE, J.)

JM