Authority: High Court at Calcutta

Order Date: 29 July 2026

Case Overview

  • Plaintiff: Sri Rani Sati Abasan Private Limited and others; Defendant: Mahesh Nimawat and others.
  • The suit was originally filed in the Ordinary Original Civil Jurisdiction for recovery of money lent and advanced.
  • Plaintiff applied under Order XII Rule 6 CPC for judgment on admission and simultaneously sought to have the suit transferred to the Commercial Courts Act, 2015, asserting that the cause of action is commercial.
  • Defendants concurred that the suit should be filed under the Commercial Courts Act, 2015, and raised this as a defence to the plaintiff’s application.
  • The Court noted that Order VII Rule 10 CPC, as amended in 1974, permits return of the plaint, and there is no embargo.

Final Outcome

  • The plaint is to be returned to the plaintiff with court fees, allowing re‑filing in the appropriate Commercial Court, subject to legal permissibility.
  • The return must be effected within three weeks from the order date, after completion of all formalities.
  • Upon return, the suit number will 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 liberty to file afresh on the same cause if permissible.

Topics: Jurisdiction, Commercial Courts, Procedural Order