Poddar Projects Ltd And Anr vs Economic Transport Organisation Ltd
2025 Latest Caselaw 1853 Cal/2

Calcutta High Court

Poddar Projects Ltd And Anr vs Economic Transport Organisation Ltd on 19 June, 2025

OD-44
                               ORDER SHEET

                    IN THE HIGH COURT AT CALCUTTA
                     Ordinary Original Civil Jurisdiction
                              ORIGINAL SIDE

                               CS/142/2013

                   PODDAR PROJECTS LTD AND ANR.
                               VS
               ECONOMIC TRANSPORT ORGANISATION LTD.

  BEFORE:
  The Hon'ble JUSTICE BISWAROOP CHOWDHURY

Date : 19th June, 2025

Appearance:

Mr. Swarnendu Ghosh, Sr. Adv.

Mr. Aurin Chakraborty, Adv.

Mr. Suman Majumder, Adv.

...for the plaintiffs

Mr. Jishnu Chowdhury, Sr. Adv.

Mr. Abhidipto Tarafdar, Adv.

Ms. Priyanka Tibruwal, Adv.

...for the defendant

The Court: Mr. Ghosh, learned Senior Advocate for the plaintiffs and

Mr. Jishnu Chowdhury, learned Senior Advocate for the defendant are

present.

Mr. Ghosh, learned Senior Advocate submits that the suit be released

and be converted as the dispute involves is commercial in nature in view of

the Judgment passed by the Hon'ble Division Bench in the reference of GA

(COM)/2/2024 in CS (COM)/4/2023.

Mr. Chowdhury, learned Senior Advocate for the defendant objects to

the transfer and submits that an application under Order VII Rule 11 CPC

is pending. Thus, the suit is not maintainable and is liable to be dismissed

and in terms of the Order of the Hon'ble Apex Court there is liberty to put

necessary question with regard to maintainability in cross-examination.

Learned Counsels are requested to come with written notes of argument

along with compilation of the Judgment.

Let this matter appear on 3rd July, 2025 at 3 p.m.

Let the copy of the Judgment filed be kept with the record.

(BISWAROOP CHOWDHURY, J.)

S. A. AR(C R)