Calcutta High Court
Srg Earth Resources Private Limited vs Basu'S Industrial Oil And on 3 November, 2025
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OC-1 to 9 & 12
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
[COMMERCIAL DIVISION MATTER]
IA NO. GA-COM/5/2024
[OLD NO.CS/26/2022]
CS-COM/345/2024
SRG EARTH RESOURCES PRIVATE LIMITED
Vs
BASU'S INDUSTRIAL OIL AND
CHEMICAL AND ORS.
IA NO. GA-COM/4/2024
[OLD NO.CS/35/2022]
CS-COM/351/2024
RIMTEL TRADING PRIVATE LIMITED
Vs
BASU'S POLYFAB PRIVATE LIMITED AND ORS.
IA NO. GA-COM/5/2024
[OLD NO.CS/35/2022]
CS-COM/351/2024
RIMTEL TRADING PRIVATE LIMITED
Vs
BASU'S POLYFAB PRIVATE LIMITED AND ORS.
IA NO. GA/1/2022
[OLD NO.CS/26/2022]
CS-COM/345/2024
SRG EARTH RESOURCES PRIVATE LIMITED
Vs
BASU'S INDUSTRIAL OIL AND
CHEMICAL AND ORS.
IA NO. GA/4/2023
[OLD NO.CS/26/2022]
CS-COM/345/2024
SRG EARTH RESOURCES PRIVATE LIMITED
Vs
BASU'S INDUSTRIAL OIL AND
CHEMICAL AND ORS.
IA NO. GA-COM/6/2025
[OLD NO.CS/26/2022]
CS-COM/345/2024
SRG EARTH RESOURCES PRIVATE LIMITED
Vs
BASU'S INDUSTRIAL OIL AND
CHEMICAL AND ORS.
IA NO. GA/1/2022
[OLD NO.CS/35/2022]
CS-COM/351/2024
RIMTEL TRADING PRIVATE LIMITED
Vs
BASU'S POLYFAB PRIVATE LIMITED AND ORS.
IA NO. GA-COM/6/2025
[OLD NO.CS/35/2022]
CS-COM/351/2024
RIMTEL TRADING PRIVATE LIMITED
Vs
BASU'S POLYFAB PRIVATE LIMITED AND ORS.
IA No.GA/1/2023
[OLD No.CS/143/2023]
CS-COM/526/2024
BASU'S POLYFAB PRIVATE LIMITED & ORS.
VS.
SRG EARTH RESOURCES LIMITED & ORS.
IA No.GA-COM/2/2024
[OLD No.CS/143/2023]
CS-COM/526/2024
BASU'S POLYFAB PRIVATE LIMITED & ORS.
VS.
SRG EARTH RESOURCES LIMITED & ORS.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 3rd November, 2025
Appearance:
Mr. Shubasish Sengupta, Adv.
Mr. Lalit Baid, Adv.
Mr. Satyaki Mukherjee, Adv.
Mr. Tamoghna Saha, Adv.
For plaintiff in CS/26/2022 & CS/35/2022 and defendants in CS/143/2023.
Mr. Rupak Ghosh, Adv.
Ms. Gargi Goswami, Adv.
Mr. Amitava Deb, Adv.
For plaintiffs in CS/143/2023 and defendants in CS/26/2022 & CS/35/2022.
The Court :- Three suits which are commercial in nature respectively
numbered as CS/26/2022 (now CS-COM/345/2024), CS/35/2022 (now
CS-COM/351/2024) and CS/143/2023 (now CS-COM/526/2024) have
been assigned to this Bench with all connected applications. There are two
other suits between the same set of parties or inter se between majority of
them. These are CS/25/2022 and CS/34/2022. These two suits are not
assigned to this Bench. The parties say that these two suits are also required
to be heard along with the other three commercial suits assigned to this
Bench as the issues are either overlapping or interlinked.
The parties jointly submit that they will take steps for having the two
non-commercial suits being CS/25/2022 and CS/34/2022 assigned to this
Bench to avoid any future complication. The parties are free to take such
steps.
In CS/26/2022 (now CS-COM/345/2024) there are four
applications. The first one in order of time is the injunction application filed
by the plaintiff therein being IA No.GA/1/2022. The second application in
order of time is an application for judgment upon admission by the plaintiff
inter alia under the provision of Order 12 Rule 6 of the Code of Civil
Procedure, 1908 (in short 'CPC') being IA No.GA/4/2023. The third
application in order of time is by the defendants for revocation of leave under
Section 12A of the Commercial Courts Act, 2015 which is numbered as IA
No.GA-COM/5/2024. The next application in order of time is also by the
defendants being IA No.GA-COM/6/2025 for vacating of the injunction order
already passed in favour of the plaintiff in the said suit.
In CS/35/2022 (now CS-COM/351/2024) there are also four
applications. The first one in order of time is the injunction application filed
by the plaintiff therein being IA No.GA/1/2022. The second application in
order of time being IA No.GA-COM/4/2024 filed by the defendants is an
application for revocation of leave granted under Section 12A of the
Commercial Courts Act, 2015. The third application in order of time being
IA No.GA-COM/5/2024 is by the plaintiff for amendment of the plaint under
the provisions of Order VI Rule 17 of CPC. The fourth application in order of
time being IA No.GA-COM/6/2025 is by the defendants for vacating and/or
modifying the order of injunction already passed in favour of the plaintiff.
In CS/143/2023 (now CS-COM/526/2024) there are two
applications. The first application being IA No.GA/1/2023 is an application
by the plaintiffs therein inter alia for injunction. The second application
being IA No.GA-COM/2/2024 is an application in the said suit inter alia for
rejection of the plaint and/or the plaint be taken off the records.
It is therefore clear that the application for revocation of leave granted
under Section 12A of the 2015 Act filed in CS/26/2022 (now CS-
COM/345/2024) has to be taken up first, then the applications for
injunction, vacating of the interim order and judgment on admission as
indicated hereinabove have to be taken up for consideration. In CS/35/2022
(now CS-COM/351/2024) the application for revocation of leave granted
under Section 12A of the 2015 Act and the amendment application have to
be taken up together at the first instance. Thereafter the applications for
injunction and the vacating of the interim order shall be taken up for
consideration. In respect of CS/143/2023 (now CS-COM/526/2024) the
application inter alia for rejection of the plaint has to be taken up first and
only thereafter the injunction application has to be taken up.
The parties seek an adjournment on the ground that certain
negotiations have taken place between the parties for settlement as also for
getting the two suits filed in the non-commercial division assigned to this
Bench, if possible.
Let all the applications as aforesaid appear in the monthly list of
December, 2025.
(ARINDAM MUKHERJEE, J.)
pa
