Authority: High Court at Calcutta
Order Date: 29 July 2026
Case Overview
- Plaintiff: Jai Matadi Plaza Private Limited; Defendants: Nishi Traders Pvt. Ltd. and others.
- The suit was instituted for recovery of money lent and advanced, with the plaintiff seeking judgment on admission under Order XII Rule 6 of the Code of Civil Procedure, 1908.
- Both parties contended that the cause of action is a commercial dispute and therefore the suit should be filed under the Commercial Courts Act, 2015, not under the ordinary original civil jurisdiction.
- The Court observed that Order VII Rule 10 of the CPC, as amended in 1974, permits the return of the plaint and that there is no legal embargo on doing so.
Final Outcome
- The plaint is directed to be returned to the plaintiff with the court fees, allowing re‑filing in the appropriate forum under the Commercial Courts Act, 2015, if permissible by law.
- The return must be effected within three weeks from the date of this order, after completion of all formalities.
- Upon return, the suit number shall be de‑registered from the Court’s database so that it does not appear as pending in the ordinary original civil jurisdiction.
- All pending applications in the suit are disposed of without further order, granting the parties liberty to file a fresh suit on the same cause, subject to legal permissibility.
Topics: Jurisdiction, Commercial Courts Act