Calcutta High Court
Modern Roadways Corporation vs Simplex Infrastructures Limited on 25 July, 2025
OCD-9
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
COMMERCIAL DIVISION
ORIGINAL SIDE
CS-COM/677/2024
[Old No.CS/232/2023]
IA No.GA-COM/1/2023, GA-COM/4/2024
MODERN ROADWAYS CORPORATION
VS
SIMPLEX INFRASTRUCTURES LIMITED
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : July 25, 2025.
Appearance :
Mr. Sujit Banerjee, Adv.
Mr. Nilay Sengupta, Adv.
...for the plaintiff
Mr. Debraj Sahu, Adv.
Mr. Aurin Chakraborty, Adv.
Mr. Snehashis Sen, Adv.
Mr. Prateek Debnath, Adv.
... for the defendant
1.
The defendant has filed the present application being GA-COM/4/2024
praying for dismissal of the suit on the ground that the suit filed by the
plaintiff is not pertaining to commercial dispute.
2. Counsel for the plaintiff agrees for transfer of the suit from the
commercial division to the non-commercial division and has relied upon
the judgment passed by the Division Bench of this Court in
APOT/63/2025 with RVWO/31/2024 CS-COM/384/2024 IA NO: GA-
COM/1/2025 (SUDERSHAN PRASAD BAGARIA AND ANR. -VERSUS-
HARSHVARDHAN KHEMKA AND ORS.) dated 26 th March, 2025 wherein
the Hon'ble Division Bench of this Court has held as follows :
"21. On returning the plaint, it has to follow the procedure of the
Original Side Rules of the court. The procedural formalities are
different, more stringent in Commercial Division as compared to
the procedure under the existing Code of Civil Procedure. None of
the decisions relied upon by the parties have dealt with the said
issue at all. The parties cannot by agreement confer jurisdiction
on a Court. However, it cannot be overlooked that a Commercial
Division has no independent existence and is closely connected
with ordinary original civil jurisdiction. Where the High Court is
having ordinary original civil jurisdiction The Chief Justice of the
High Court may by order constitute Commercial Division having
one or more Benches to exercise jurisdiction under the Act of
2015. Thereby it is clear that Commercial Division is an extended
arm or another wing of the ordinary original civil jurisdiction of
the High Court. In such circumstances a plaint originally
presented could be transferred in exercise of power to the
Commercial Division which is in fact a wing of the very same
ordinary original civil jurisdiction of the High Court and vice-
versa. The power of the court to order a conversion in appropriate
case to commercial division or vice versa could be exercised in
absence of any prohibition. The issue is one of nomenclature."
3. In view of the judgment passed by the Hon'ble Division Bench, the
plaint filed in CS-COM/677/2024 along with application No. GA-
COM/1/2023 be returned to the plaintiff with liberty to the plaintiff to
file the same before the appropriate Court.
4. Counsel for the plaintiff prays for extension of the interim order. This
Court has returned the plaint along with interlocutory application,
thus, this Court cannot extend the interim order.
5. In view of the above, GA-COM/4/2024 along with CS-COM/677/2024
is disposed of.
(KRISHNA RAO, J.)
RS
