Prasanta Sen v. M/S. Saj Food Products Pvt Ltd

M/L 19 11.11.2024 sb Ct 5

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 682 of 2024 Prasanta Sen Vs.

M/s. SAJ Food Products Private Limited Mr. Souradeep Banerjee Ms. Sharmistha Laha ... For the plaintiff/petitioner.

1. Petitioner is the plaintiff in the Title Suit No.91 of 2017, pending before the learned Civil Judge, (Senior Division) at Sealdah. In connection with the aforesaid suit, an application has been filed for transfer of the said suit to the learned Commercial Court at Rajarhat.

2. Mr. Banerjee, learned advocate appearing on behalf of the plaintiff/petitioner would submit that although such application had been filed on 15th May, 2023 and is otherwise ready for hearing, the same is yet to be disposed of. He submits that the provisions of the Commercial Courts Act, 2015 (herein after referred to as the "said Act") mandate disposal of a suit in a timebound manner and the delay of disposal of the application for transfer has the effect of defeating the rights of the plaintiff/petitioner which has been conferred on the plaintiff/petitioner by the provisions of the said Act.

3. Considering the nature of reliefs sought for, the

present revisional application is taken up for consideration without service of copy thereof on the opposite party/respondent.

4. In this case, it appears that the plaintiff has filed an application under Section 15 of the said Act. Without going into the issue whether such application is at all maintainable, I am of the view that the leaned trial court should expeditiously dispose of the same, preferably within a period of three months from the date of communication of this order.

5. With the above observations and directions, the revisional application, being CO 682 of 2024 is disposed of.

Urgent Photostat certified copy of this order, if applied for, be made available to the parties upon compliance of requisite formalities.

(Raja Basu Chowdhury, J.)