Authority: Calcutta High Court (Civil Appellate Jurisdiction)
Order Date: 03.08.2026
Case Overview
- Parties: Appellant J.D. Steel Corporation (with another) and Respondent Lakhotia Infra Projects Private Limited.
- Original suit: Recovery of price of goods sold and delivered, filed before the 7th Bench, City Civil Court, Calcutta.
- Single Judge order dated April 16, 2026 invoked Section 24 CPC and Clause 13 of the Letters Patent, 1865 to transfer the suit to the High Court Commercial Division, to be heard alongside CS-COM/713/2024.
- Appellants contested the maintainability of the appeal, citing the 1953 Supreme Court decision (Asrumati Debi Vs. Rupendra Deb Raikot) that such transfer orders are not appealable.
- Respondent argued the appeal is maintainable because the transfer affected the applicability of Order VII Rule 11 CPC, foreclosing the issue.
Court Reasoning
- The Court relied on the authoritative pronouncement in Asrumati Debi, emphasizing that a transfer order under Clause 13 does not constitute a final judgment nor disposes of the suit.
- The transfer does not cure any defect regarding the original institution of the suit in the City Civil Court; the question of correct jurisdiction remains for the transferee court.
- Consequently, the appeal does not meet the criteria for maintainability.
Final Outcome
- The appeal (APOT/132/2026) and all pending applications were dismissed without any order as to costs.
Topics: Transfer Order, Appeal Maintainability, Civil Procedure