Mangal Builders And Enterprises Ltd. ... vs Williamson Magor And Co. Ltd. And Anr
2025 Latest Caselaw 208 Cal/2

Calcutta High Court

Mangal Builders And Enterprises Ltd. ... vs Williamson Magor And Co. Ltd. And Anr on 1 July, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

O-70
                                                          ORDER SHEET

                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION

                             IA NO. GA/5/2025
                                     IN
                               CS/220/2024

         MANGAL BUILDERS AND ENTERPRISES LTD. AND ORS.
                              VS
            WILLIAMSON MAGOR AND CO. LTD. AND ANR.


  BEFORE:
  The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 1st July, 2025

Appearance:

Mr. Aniruddha Mitra, Sr. Adv.

Mr. Sarosij Dasgupta, Adv.

Ms. Upama Bhattacharjee, Adv.

For the plaintiffs/petitioners.

Mr. Moti Sagar Tiwari, Adv.

Ms. Pallabi Chatterjee, Adv.

For the defendant no.2.

The Court :- Affidavit of compliance on behalf of the defendant no.2

filed in Court today is taken on record.

A legal point has surfaced in view of the Special Bench judgment

reported in 2025 SCC OnLine Cal. 5076 (T.E. Thomson & Company Limited

Versus Swarnalata Chopra Nee Kapur & Another) as to whether this suit will

remain as a suit filed in the Ordinary Original Civil Jurisdiction or has to be

transferred into a commercial suit in view of the provisions of Section

2(1)(c)(vii) of the Commercial Court Act, 2015 read in the light of the said

judgment.

Learned Senior Advocate and Advocate for the respective parties seek

an adjournment to consider this point.

Let this matter appear on 10th July, 2025.

(ARINDAM MUKHERJEE, J.)

snn.