Calcutta High Court
Karnani Properties Ltd vs J.S. India Pvt Ltd on 12 November, 2025
Author: Aniruddha Roy
Bench: Aniruddha Roy
In the High Court at Calcutta
Commercial Division
Original Side
Judgment (2)
PRESENT :
THE HON'BLE JUSTICE ANIRUDDHA ROY
IA NO. GA-COM/5/2024
In CS-COM/253/2024
[Old No. CS/60/2021]
KARNANI PROPERTIES LTD
VS
J.S. INDIA PVT LTD.
For the plaintiff : Mr. Shounak Mukhopadhyay, Adv.
Ms. A. Poddar, Adv.
For the defendant/applicant : Ms. Somali Mukhopadhyay, Adv.
Heard on : November 12, 2025
Judgment on : November 12, 2025
ANIRUDDHA ROY, J :
1. Mr. Sounak Mukhopadhyay, learned Advocate appears for the plaintiff
opposing this application.
2. Ms. Somali Mukhopadhyay, lerned Advocate appears for
defendant/applicant.
3. None appears for the defendant/applicant.
4. This is an application filed by the defendant with a prayer for rejection
of the plaint and consequently dismissal of the suit.
5. The grounds in support of such claim stated in the supporting affidavit
to the Masters Summons are quoted below:
"3. It would be evident from the plaint filed in the suit that it is
for eviction of the defendant from the suit premises on the
alleged cause of action of the defendant refusing to vacate the
suit premises despite the time mentioned in a notice under
section 106 of the Transfer of Property Act, 1882 having lapsed.
4. Initially, the plaintiff had filed C.S No. 164 of 2020 in the
Ordinary Original Civil Jurisdiction of this Hon'ble Court in or
around February, 2021, the law as to whether a suit on the
purported cause of action mentioned above would in the
Ordinary Original Civil Jurisdiction of this Hon'ble Court or in the
Commercial Division of this Hon'ble Court, was nebulous. This
was not a conclusively decided issue.
5. In the said circumstance, upon this question being raised by
the defendant, the plaintiff chose to withdraw the suit by an
order dated 23rd February, 2021, and thereafter has filed the
present suit.
The order dated 23rd February, 2021, passed by the Hon'ble
Court is annexed hereto and marked with the letter "B".
However, in the interregnum, the law has been settled as the
defendant has been advised that the present suit being a suit for
IA No. GA-COM/5/2024
In CS-COM/253/2024
A.R., J.
eviction of a lessee/tenant/trespasser upon the time mentioned
in notice under section 106 of the Transfer of Property Act, 1882
having expired does not come under the purview of commercial
dispute. The same is de bors a commercial contract and therefore
the suit filed before the Commercial Division, of the Hon'ble Court
is not maintainable and the same is required to be filed before
the ordinary original jurisdiction.
6.In the said circumstances, the plaint filed be rejected and
the suit dismissed since the present suit is not maintainable in
the Commercial Division."
6. The issue raised for claiming rejection of plaint on the above grounds
has already been decided by the Hon'ble Division Bench by a judgment
dated June 18, 2025, In the Matter of : T. E. Ghomas & Co. Ltd.
vs. Swarnalata Chopta Nee Kapur & Anr. rendered in IA No. GA-
COM/2/2024 in CS(COM)No. 4/2023 reported at (2025) SCC Online
(Cal) 5076, wherein it has been held that a suit for eviction in
connection with a lease pursuant to a notice issued under Section
106 of the Transfer of Property Act, 1882, if otherwise is
characterized as a commercial suit within the meaning and scope of
the Commercial Courts Act, 2015, the suit is to be classified as a
commercial suit and shall be maintained as such.
7. In view of the above, this application IA-GA-COM/5/2024 stands
dismissed, without any order as to cost.
IA No. GA-COM/5/2024
In CS-COM/253/2024
A.R., J.
8. On the prayer of the learned Advocate for the plaintiff, the hearing of
the suit is expedited by directing the parties to complete the
inspection, cross-order and discovery within 10 weeks from date in
accordance with law and to comply with all other formalities required
to be completed for a commercial suit in accordance with law.
(ANIRUDDHA ROY, J.)
Dg/
IA No. GA-COM/5/2024
In CS-COM/253/2024
A.R., J.
