Flint Group India Private Limited vs Sujoy Lodha
2025 Latest Caselaw 3221 Cal/2

Calcutta High Court

Flint Group India Private Limited vs Sujoy Lodha on 28 November, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

OD-9 to 11


                   In the High Court at Calcutta
                       Commercial Division
                          Original Side
                          IA GA-COM/1/2024
                          IA GA-COM/3/2024
                          IA GA-COM/6/2025
                          CS-COM/652/2024

               FLINT GROUP INDIA PRIVATE LIMITED.
                              VS
                         SUJOY LODHA


BEFORE:
The Hon'ble JUSTICE ANIRUDDHA ROY
Date : 28th November, 2025.
                                                                   APPEARANCE:
                                                         Mr. Sourojit Dasgupta. Adv.
                                                         Mr. Souvik Majumder, Adv.
                                                                       For plaintiff.
                                                            Ms. Afreen Begum, Adv.
                                                               For respondent no. 2.

In Re: IA No. GA(COM)/6/2025

The Court:- Mr. Sourojit Dasgupta, learned Advocate appears for the plaintiffs.

None appears for the defendant. This is an application filed by the defendant with the following prayers:

a) An order directing the addition of Flint Group Print and Supply Platform B. V. a company of Netherlands, having its registered office at Stationspiein 3-2, 1211 EX Hilversum, the Netherlands, as Plaintiff to the present suit;

b) To direct the Plaintiff to amend the plaint and the cause title of the suit incorporating Flint Netherlands as Plaintiff herein;

c) Pass any further order or orders, direction or directions as this Hon'ble Court may deem fit and proper"

Mr. Dasgupta, learned Advocate appearing for the plaintiff submits that on the plea of existence of an arbitration clause by and between the defendant and the holding company of the plaintiff, the defendant had applied allegedly under Section 8 of the Arbitration and Conciliation Act, 1996 praying for referring the parties to the instant suit for arbitration. That application being IA-GA/COM/4/2024 has been heard at length by this Court and finally by a judgment dated November 20, 2025, the said application has been dismissed.

He then refers to the prayers made in the instant application and submits that the defendant cannot choose who shall be the plaintiff, in a suit filed by the plaintiff. Accordingly, he prays for dismissal of this application.

Considering the averments made in the instant petition and the prayers made therein, this Court is of the considered view that, in an adversarial litigation, more so in a suit like the instant one, the defendant cannot decide who shall be the plaintiff. It is the prerogative of the plaintiff to sue the defendant. In absence of a proper plaintiff, the suit may

IA-GA/COM/1/2024 IA-GA/COM/3/2024 IA-GA/COM/6/2025 CS-COM/652/2024 AR,J

fail at the trial but the defendant cannot select who shall be the plaintiff.

In view of the forgoing reasons and discussions, the instant application is found to be frivolous and vexatious one and nothing but a dilatory practice adopted by the defendant to resist the expeditious trial of the suit.

Resultantly, this petition being IA- GA/COM/6/2025 being devoid of any merit, stands dismissed without any order as to costs.

The other two connected applications, since the defendant is not represented today, stand adjourned for the day and shall appear under the heading 'Adjourned Motion' on December 15, 2025.

It is made clear that the application being IA- GA/COM/3/2024 being the application for judgment upon admission shall be heard first on the next day.

The plaintiff shall serve a notice along with a copy of today's order upon the defendant.

(ANIRUDDHA ROY, J.)

dg/

IA-GA/COM/1/2024 IA-GA/COM/3/2024 IA-GA/COM/6/2025 CS-COM/652/2024 AR,J