Authority: High Court at Calcutta, Commercial Division
Order Date: 07 July 2026
Case Overview
- Parties: Appellant – M/S. PANSEN ENGINEERING INDIA PVT LTD; Respondents – M/S. CLOCK HANDS PVT LTD and others.
- The appeal (FMA/1884/2025) challenged an order that had rejected an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908.
- Appellant contended the suit was filed fraudulently, asserting that the plaintiff had been struck off from the company register prior to filing the suit.
- Respondents were represented; the court noted that under Section 13 of the Commercial Courts Act, 2015, the appeal is not maintainable.
Final Outcome
- The court allowed the appellant to withdraw the appeal, granting liberty to approach the appropriate forum for all raised points.
- All issues raised by the respondents are also kept open for determination by the appropriate forum.
- The appeal and the connected application were disposed of without any order as to costs.
Topics: Legal Appeal, Commercial Courts Act