Authority: Calcutta High Court (Civil Appellate Jurisdiction)

Order Date: 15 July 2026

Case Overview

  • Parties: Goodfaith Holding Private Limited (appellant) vs. Supreme Wood Productys Private Limited (respondent).
  • Nature of suit: Recovery of money lent and advanced; filed on 10 September 2021, registered as CS‑COM No. 312 of 2024.
  • Procedural timeline:
  • Leave under Section 12A of the Commercial Courts Act, 2015 obtained on 16 September 2021.
  • Writ of summons served on 28 September 2021.
  • Respondent filed an application under Order VII Rule 11 on 11 November 2021.
  • Appellant filed an injunction application on 22 November 2021.
  • Single Judge’s finding: Dismissed the suit, holding the plaint did not contemplate urgent interim relief at the time of institution and revoking the earlier Section 12A leave.
  • Appellant’s arguments: Asserted that Section 12A is not an absolute bar; urgent interim relief can be sought after filing; relied on precedents (Laxmi Polyfab Pvt. Ltd. vs. Eden Realty Ventures, Patil Automation Pvt. Ltd. vs. Rakheja Engineers, Dhanbad Fuels Pvt. Ltd. vs. Union of India, Novenco Building and Industry A/S vs. Xero Energy Engineering Solutions, Gavrill Metal Pvt. Ltd., Shristi Infrastructure Development Corp., Unique Entrepreneurs and Finance Ltd.). Emphasised that each case must be examined on its facts and that leave once obtained should not be revoked.
  • Court’s analysis: Reiterated that Section 12A is mandatory, citing the same authorities. Clarified that suits filed on or after the cut‑off dates without complying with Section 12A must be rejected under Order VII Rule 11, unless an urgent interim relief is clearly evident in the plaint. Highlighted the three jurisdictional facts for Commercial Courts jurisdiction and affirmed that urgent interim relief must be contemplated at the point of institution.

Final Outcome

  • The appeal (AD‑COM/5/2026) is dismissed; the original judgment and decree dated 29 April 2025 stand.
  • No order as to costs was made.
  • The appellant is at liberty to file a fresh suit under Order VII Rule 13, though the court did not decide any limitation issues for such a suit.

Topics: Section 12A, Commercial Courts Act, Interim Relief