Modern Roadways Corporation vs Simplex Infrastructures Limited
2025 Latest Caselaw 2560 Cal/2

Calcutta High Court

Modern Roadways Corporation vs Simplex Infrastructures Limited on 12 September, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OCD-4
                                ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                      Commercial Appellate Division
                            ORIGINAL SIDE

                              APOT/233/2025
                                   WITH
                            CS-COM/677/2024
                          IA NO: GA-COM/1/2025

                    MODERN ROADWAYS CORPORATION
                                VERSUS
                   SIMPLEX INFRASTRUCTURES LIMITED


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


                                                                    Appearance:
                                                         Mr. Sujit Banerjee, Adv.
                                                        Mr. Nilay Sengupta, Adv.
                                                              ...for the appellant

                                                           Mr. Debraj Sahu, Adv.
                                                     Mr. Aurin Chakraborty, Adv.
                                                     Mr. Abhishek Banerjee, Adv.
                                                      Ms. Debasmita Nandi, Adv.
                                                             ...for the respondent



                           Dictated by Arijit Banerjee, J.

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

dated July 25, 2025, whereby a Learned Judge of this Court has directed

return of the plaint of the suit filed by the appellant for being presented

before the appropriate Court.

The suit was filed in the Commercial Division. In fact, however, the

dispute involved is not commercial in nature, as is agreed upon by and

between the parties.

The plaintiff requested the Learned Single Judge to transfer the

suit to the Non-Commercial Division. The Learned Judge declined to do so.

Instead, the Learned Judge directed the plaint to be returned. Hence, this

appeal at the instance of the plaintiff.

We have heard learned Counsel for the parties at some length.

One question arises as to whether or not this Court can exercise

power under Section 24 of the Code of Civil Procedure to direct transfer of

the suit from the Commercial Division to the Non-Commercial Division.

Learned Counsel for the parties seek a little time to consider this

issue and come back.

List this matter on September 15, 2025.

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.)

R.Bhar