Goodfaith Holding Private Limited vs M/S Supreme Wood Products Private ...
2025 Latest Caselaw 2007 Cal/2

Calcutta High Court

Goodfaith Holding Private Limited vs M/S Supreme Wood Products Private ... on 30 June, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OCD-3
                                ORDER SHEET

                               APOT/141/2025

                      IN THE HIGH COURT AT CALCUTTA
                         Commercial Appellate Division
                               ORIGINAL SIDE


                  GOODFAITH HOLDING PRIVATE LIMITED
                                VS
             M/S SUPREME WOOD PRODUCTS PRIVATE LIMITED


  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE
                 AND
  The Hon'ble JUSTICE RAI CHATTOPADHYAY
  Date : 30th June, 2025.


                                                                        Appearance:
                                                      Mr. Aurin Chakraborty, Adv.
                                                        Mr. Anil Choudhury, Adv.
                                                                 ..for the appellant

                                                    Mr. Nirmalya Dasgupta, Adv.
                                                   Ms. Bhawna Parasramka, Adv.
                                                             ..for the respondent


                             Dictated by Arijit Banerjee, J.

The Court: This appeal is directed against a judgment and order dated

April 29, 2025, whereby the defendant's application for revocation of leave

under Clause 12 of the Letters Patent that had been granted to the plaintiff,

was allowed. Consequently, the suit and the connected application were

dismissed.

Mr. Dasgupta, learned Advocate appearing for the respondent/defendant

questions the maintainability of this appeal. He says that the order sought to

be impugned does not fall within the scope of Section 13 of the Commercial

Courts Act, 2015, read with Order XLIII Rule 1 of the Code of Civil Procedure.

Prima facie, Mr. Dasgupta appears to have a point. However, it will be

strange if no intra-court appeal is available when a suit is dismissed upon

revocation of leave under Clause 12 of the Letters patent. This point needs to

be gone into.

We find Mr. Rudraman Bhattacharyya, learned Senior Counsel, present

in Court and request him to act as amicus curiae to assist this Court in

deciding the aforesaid point.

List the matter once again on July 7, 2025 under the heading "Specially

Fixed Matter", marked 12.45pm.

(ARIJIT BANERJEE, J.)

(RAI CHATTOPADHYAY, J.)

bp