[Cites 5, Cited by 0]
Calcutta High Court
Lakhotia Infra Projects Private ... vs J. D. Steel Corporation & Anr on 16 April, 2026
OD-03
ALP/2/2026
IN THE HIGH COURT AT CALCUTTA
EXTRA ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
Lakhotia Infra Projects Private Limited
Versus
J. D. Steel Corporation & Anr.
Before:
The Hon'ble Justice SHAMPA DUTT (PAUL)
Date: 16th April 2026
Appearance:
Mr. Aurin Chakraborty, Advocate
Mr. Pradeep Kr. Sancheti, Advocate
Mr. Jatan Monga, Advocate
for the petitioner
Mr. Aniruddha Mitra, Sr. Advocate
Mr. Deepnath Roy Chowdhury, Advocate
Mr. Debraj Saha, Advocate
Mr. Jyoti Routh, Advocate
Mr. Rabindra Mitra, Advocate
Mr. Tamoghna Saha, Advocate
for the respondents
The Court: Affidavit of service filed be kept with the record.
The application under section 24 of the CPC has been preferred
praying for transfer of Money Suit No. 692 of 2023 titled Lakhotia Infra
Projects Private Limited vs. JD Steel Corporation & Anr. pending before
the 7th Bench, City Civil Court, Calcutta to the Hon'ble High Court in the
commercial division to be heard alongwith CS (Com) 713 of 2024.
The petitioner submits that the Money Suit which is sought to
be transferred to the High Court has been instituted by the petitioner
herein against the respondents herein, who have filed the commercial
suit before the High Court.
The issue in dispute in both the money suit pending before the
7th Bench, City Civil Court and the commercial suit pending before the
High Court is the same and arises out of the same business transaction
between the same parties.
Learned Counsel appearing the respondents herein submits that
the money suit filed before the 7th Bench, City Civil Court being
commercial in nature has been wrongly instituted before the City Civil
Court and the plaint is liable to be rejected under Order VII Rule 11 of
the CPC which the respondents intend to pray for. It is further stated
that as the money suit has not been instituted as commercial suit, the
same cannot be transferred to the High Court to be heard alongwith the
commercial suit.
The petitioner herein relies upon a judgment passed by this
Court in ALP/2/2025 Mani Square Limited & Anr. vs. Sri Subhash
Kumar & Ors. dated 27.03.2025, wherein this Court considering the
prayer of the petitioner therein seeking transfer of two pending suits, one
being a commercial suit pending before the Commercial Court at Alipore
and another is a title suit pending before a competent Civil Court, held
as follows:
"8. The final outcome in the suit suits will effect
both the parties here in and thus making out
a prima facie case for adjudication by the
same court, not only to avoid possible
conflicting decisions but also for the
convenience of the parties on both sides,
relating to common witnesses, same
documents to be proved while deciding the
same issues, similar in all respect to
adjudicate the similar reliefs prayed for by
the plaintiffs in both suits, which are inter
connected.
10. No prejudice shall be suffered by the
Respondents herein, who instead of pursuing
two suits before two forums would be able to
pursue their relief before one court, making the
balance of convenience and inconvenience tilt
in favour of both parties herein, in case of such
transfer.
11. For a title suit to be transferred to a
Commercial Court there must exists a
"commercial dispute" in the said suit.
12. That a Commercial Suit is to be heard only by
a Commercial Court having jurisdiction has
been laid down in the Commercial Court, Act
(Section 15).
13. ... ... ...
14. As such as it is seen that the "issue" in both
the suits are same, between the same parties in
respect of the same property, the issue in the
Title Suit filed by the respondents herein, will
also qualify as a "commercial dispute" and
thus can be heard by the Commercial Court
along with the petitioners Commercial Suit.
15. The Bombay High Court in Technotrde Impex
India Pvt. Ltd. Vs State of Maharashtra on 1st
Sept, 2021 (2021 SCC OnLine Bom 10497)
transferred a Civil Suit to the High Court at
Bombay to be heard with Commercial Suit, as
the Commercial suit was already pending
before the High Court."
Accordingly considering that the issue in the present case is
similar to the issue in Mani Square Limited (supra), ALP No. 2 of 2026 is
hereby allowed, as Money Suit No.692 of 2023 titled Lakhotia Infra
Projects Private Limited vs. JD Steel Corporation & Anr. pending before
the City Civil Court, Calcutta also qualifies as a commercial suit and also
in view of the fact that the parties in the Money Suit before the City Civil
Court and the Commercial suit before the High Court are same, the issue
arises out of the same dispute and the parties have monetary claims
against each other, which prima facie arises out of business
transactions.
In the present case also the respondents will not be prejudiced
in any manner whatsoever if the money suit is transferred to the High
Court to be heard alongwith the commercial suit CS (Com) 713 of 2024.
Accordingly, Money Suit No.692 of 2023 be withdrawn from the fi9le of
the learned 7th Bench, City Civil Court, Calcutta and be transferred to
the Commercial Division at High Court, Calcutta to be heard alongwith
CS (Com) 713 of 2024.
ALP No.2 of 2026 is thus disposed of.
As the affidavits are not called for, all points are kept open.
Let a copy of this order be sent to the Court of Learned 7 th
Bench, City Civil Court, Calcutta and the learned Registrar, Commercial
Division at High Court, Calcutta.
(SHAMPA DUTT (PAUL), J.)
R. Bose
