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Calcutta High CourtCO/1083/2022disposed

P.C Chandra Gems P. Ltd. v. Godrej Consumer Products Ltd. And ANR.

2022-05-11Hon'Ble Justice Subhasis Dasgupta1 pages

11.05.2022 sl No. 31 court no. 7 sk C.O. 1083 of 2022 P.C.Chandra Gems Pvt. Ltd.

Vs Godrej Consumer Products Ltd. & Ors.

Mr. Shuvasis Sengupta Mr. Arindam Guha Mr. Balarko Sen ..for the petitioner.

The subject matter of challenge is against the order dated 4th February, 2020 passed by the learned Judge, Commercial Court at Alipoe in Title Suit No. 11 of 2019 relegating the matter to the learned Civil Judge, Small Causes Court at Sealdah thereby holding that the instant suit was not maintainable, as the dispute surfaced between the parties is not a commercial dispute.

In view of the Appellate remedy being provided under the Commercial Court's Act, the revisional application be disposed of giving opportunity to petitioner for approaching the Appellate Forum for the desired relief, if there be any, under the provisions of the law.

The certified copy of the order impugned may be given back to the learned advocate on record for the petitioner upon retaining the photocopy of the same. Limitation, if there be any, in approaching the Appellate Forum should not be taken to be a bar, by reason of the order being recorded over here.

(Subhasis Dasgupta J.)