M/S Consolidated Infracon Private ... vs Lakshman Prasad Agarwal
2026 Latest Caselaw 1032 Cal/2

Calcutta High Court

M/S Consolidated Infracon Private ... vs Lakshman Prasad Agarwal on 17 February, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-19


             In The High Court at Calcutta
                         [Commercial Division]
                               Original Side

                             IA NO. GA/2/2022
                           [OLD NO CS/223/2021]
                                     In
                             CS-COM/323/2024

             M/S CONSOLIDATED INFRACON PRIVATE LIMITED
                                Vs
                    LAKSHMAN PRASAD AGARWAL


BEFORE :
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date :17th February, 2026
                                                                      Appearance :
                                                         Mr. Kumarjit Banerjee, Adv.
                                                     Ms. Sanchari Chakraborty, Adv.
                                                         Mr. Sourojit Dasgupta, Adv.
                                                     Ms. Akanksha Chowdhury, Adv.
                                                           Ms. Sayari Barman, Adv.
                                                                   ... for the plaintiff

                                                             Mr. Chayan Gupta, Adv.
                                                         Mr. Rittick Chowdhury, Adv.
                                                         Mr. Anujit Mookherjee, Adv.
                                                                  ... for the defendant



         The Court :- Mr. Kumarjit Banerjee, learned Advocate appearing for

the plaintiff, has placed his application for judgment upon admission.

         At the outset, Mr. Chayan Gupta, learned Advocate appearing for the

defendant, has raised the point of maintainability of the suit as well as the

application. He submits that from the reading of the plaint, it would be

evident that the transaction stated in the plaint is not within the meaning of

commercial dispute as defined in the Commercial Courts Act, 2015 and,
                                         2


as such, the plaint should have been instituted and should be returned

before the Non-Commercial Division.

         Mr.   Chayan   Gupta     has       concluded   his   submissions   on

maintainability.

         Mr. Kumarjit Banerjee has been continuing with his submissions on

maintainability. He shall continue on the next day.

         The matter shall appear under the heading "Adjourned Motion" on

February 23, 2026.



                                                        (ANIRUDDHA ROY, J.)



R.Bhar




                               IA NO. GA-COM/2/2022
                              In CS-COM/323/2024
                                         A.R., J.