Maadhawa Realpro Pvt Ltd vs Sushila Jain And Ors
2025 Latest Caselaw 2559 Cal/2

Calcutta High Court

Maadhawa Realpro Pvt Ltd vs Sushila Jain And Ors on 12 September, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OCD-3
                              ORDER SHEET

                             APOT/209/2025
                                 WITH
                            CS-COM/412/2024

                   IN THE HIGH COURT AT CALCUTTA
                      Commercial Appellate Division
                            ORIGINAL SIDE

                     MAADHAWA REALPRO PVT LTD
                                VS
                       SUSHILA JAIN AND ORS


  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE
                AND
  The Hon'ble JUSTICE OM NARAYAN RAI
  Date : September 12, 2025.

                                                                      Appearance:
                                                          Mr. Kuldip Mallick, Adv.
                                                 Mr. Arun Kumar Upadhyay, Adv.
                                                         Mr. Dyutimoy Paul, Adv.
                                                       Mr. Shantanu Mishra, Adv.
                                                                  ..for the plaintiff

                                                      Mr. Sarosij Dasgupta, Adv.
                                                 Mr. Javed K. Sanwarwala, Adv.
                                                    Ms. Madhurima Halder, Adv.
                                                 Mr. Shariq A. Sanwarwala, Adv.
                                                           Ms. Sadaf Aufrin, Adv.
                                                        ..for the respondent no. 1


                      Dictated by Arijit Banerjee, J.

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

dated June 25, 2025, passed by a Learned Judge of this Court in the

Commercial Division, in GA/3/2023 and GA-COM/4/2024 filed in CS-

COM/412/2024.

GA/3/2023 was the appellant's application for judgment upon

admission under Order XII Rule 6 of the Code of Civil Procedure.

GA-COM/4/2024 was an application filed by the defendants in the

suit under Order VII Rule 11 of the Code of Civil Procedure, for rejection of

the plaint of the suit.

By the judgment and order impugned, the Learned Single Judge

has dismissed both the applications. Hence, the plaintiff has come up by

way of this appeal.

Learned Advocate appearing for the respondents/defendants says

that this appeal is not maintainable on a reading of Section 13 of the

Commercial Courts Act, 2015 read with Order XLIII Rule 1 of the Code of

Civil Procedure.

Learned Advocate for the appellant seeks a little time to consider

this issue and come back.

List this matter once again on September 15, 2025.

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.)

bp.