Ak.Allauddin vs Subrat Kumar Pritikanta Mohanty And
2025 Latest Caselaw 8188 Ori

Orissa High Court

Ak.Allauddin vs Subrat Kumar Pritikanta Mohanty And on 12 September, 2025

Author: B. P. Routray

Bench: B. P. Routray

Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 12-Sep-2025 16:53:46

                                       IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                 CMP No.1066 of 2025


                               Ak.Allauddin                               ....         Petitioner
                                                                      Mr.S.S.Mohanty, Advocate

                                                           -versus-


                               Subrat Kumar Pritikanta Mohanty and
                               another                              .... Opposite Parties
                                                                 Mr.G.Mishra, Sr.Advocate


                                         CORAM:
                                         SHRI JUSTICE B. P. ROUTRAY
                                                        ORDER

12.9.2025 Order No.

4. 1. Heard Mr.Mohanty, learned counsel for the Petitioner and Mr.Mishra, learned Senior Counsel for the Opposite Parties.

2. Present CMP is directed against order dated 20th June 2025 of the learned Civil Judge (Sr.Division), Jajpur passed in I.A.No.54 of 2025 (arising out of C.S.No.719 of 2022), wherein learned trial court has directed for return of the plaint to be presented before the Commercial Court.

3. In course of hearing, both parties agree to the fact that the dispute involved in C.S.No.719 of 2022 is a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015. It is the grievance of the Petitioner that instead of directing for return of plaint under Order 7 Rule 10, CPC, the Court could have

Signed by: CHITTA RANJAN BISWAL

Location: Orissa High Court, Cuttack Date: 12-Sep-2025 16:53:46

directed for transfer of the suit to the Commercial Court as per Section 15 of the Commercial Courts Act.

4. Sub-section 2 of Section 15 of the Commercial Courts Act prescribes for transfer of all the suits and applications relating to commercial dispute of such specified value pending in any Civil Court to the Commercial Court constituted for the purpose, except such suits where final judgment has been reserved by the Civil Court prior to constitution of the Commercial Court.

5. Present suit has been filed in the year 2022 and by virtue of notification dated 13th November 2020, the Government of Odisha has constituted the Commercial Court in respect of Jajpur district. Therefore, no doubt remains there for transferring the suit to the Commercial Court at Cuttack constituted for the purpose.

6. Accordingly, the prayer of the Petitioner is allowed and C.S.No.719 of 2022 along with all the interlocutory applications and petitions are transferred to the Commercial Court at Cuttack.

7. The CMP is disposed of as allowed.

( B.P. Routray) Judge

C.R.Biswal