Camac Agency Pvt. Ltd vs Husna Bano Alias Husn Banu And Ors
2026 Latest Caselaw 223 Cal/2

Calcutta High Court

Camac Agency Pvt. Ltd vs Husna Bano Alias Husn Banu And Ors on 27 January, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-2,3 & 4

                                                 ORDER SHEET



                  IN THE HIGH COURT AT CALCUTTA
                ORDINARY ORIGINAL CIVIL JURISDICTION
                           ORIGINAL SIDE


                        IA NO. GA/1/2024
                                In
                           CS/204/2024
                     CAMAC AGENCY PVT. LTD.
                                VS
               HUSNA BANO ALIAS HUSN BANU AND ORS.


                        IA NO. GA/3/2024
                                In
                           CS/204/2024
                     CAMAC AGENCY PVT. LTD.
                                VS
               HUSNA BANO ALIAS HUSN BANU AND ORS.


                        IA NO. GA/4/2025
                                In
                           CS/204/2024
                     CAMAC AGENCY PVT. LTD.
                                VS
               HUSNA BANO ALIAS HUSN BANU AND ORS.




BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 27th January, 2026

Appearance :

Mr. Jishnu Chowdhury, Sr. Adv.Mr. Sarvapriya Mukherjee, Adv. Mr. Arif Ali, Adv.Mr. Arnab Sardar, Adv.Mr. Andolan Sarkar, Adv.

Ms. Sreeja Mukherjee, Adv.

For plaintiff Mr. Krishnaraj Thaker, Sr. Adv.Ms. Susrea Mitra, Adv.

Mr. Yash Vardhan Deora, Adv.

For defendant no.1

Mr. Soumya Roy Chowdhury, Adv.

Mr. Deepak Kripalani, Adv.

For defendant nos. 2 and 3

The Court : The defendant no.1 with the leave of Court after

commencement of the argument on behalf of the plaintiff has canvassed a

further point as to the maintainability of the suit.

According to the defendant no.1, the suit ought to have been framed

as a commercial suit and filed in the commercial division of this Court. The

suit framed and filed in the Ordinary Original Civil Jurisdiction of this Court is

not at all maintainable, particularly, in view of the Division Bench judgment

passed on 6th January, 2026 in F.M.A.T. NO.26 OF 2025 (Ratan Kumar

Agarwal Vs. M/s. Asmi Construction & Ors.).

The plaintiff seeks an adjournment to consider this judgment and

make submissions in respect of all the points taken by the two sets of

defendants regarding the maintainability of this suit.

Let these matters retain their position to be taken up by the Court

as and when the business of the Court so permits.

(ARINDAM MUKHERJEE, J.)

Sb/s