Soma Chatterjee v. M/S Khadi Emporium And ORS

28-03-2024 Item no.1 CD Subrata Bhattacharyya AR(C)

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction (Commercial Division) TRP(Comm) No.1 of 2024 Mrs. Soma Chatterjee -vsM/s. Khadi Emporium & Ors.

Mr. D. Basu Mallick Ms. Mou Saha Mr. Tapajit Das ...for the applicant Mr. Anirban Gupta Mr. Suryaksh Manot ...for respondents no.1-4 Ms. Antara Biswas ...for respondent no.5 This is an application under section 15(5) of the Commercial Courts Act, 2015.

The grievance of the applicant is this. She has made an application under section 15(2) of the said Act before the learned 10th Civil Judge (Senior Division) at Alipore for transfer of her suit to the learned commercial court at Alipore, on the ground that the subject matter is commercial in nature. That application is not till date being considered by the learned judge.

We have heard learned counsel for the parties. We direct the learned 10th Civil Judge (Senior Division), Alipore to hear out the applicant's said application under section 15(2) of the said Act in Title suit No.543 of 2023 (Smt. Soma Chatterjee v. M/s. Khadi Emporium & Ors.), and upon hearing the parties pass a reasoned order within three weeks of communication of this order.

The application - TRP(Comm) No.1 of 2024 - is disposed of by this order.

[I.P. Mukerji, J] [Biswaroop Chowdhury, J]