Pioneer Property Management Ltd. v. Amazon Sellers Services Private Limited And ANR.

OCD-1 ORDER SHEET CS-COM/69/2024 [OLD No.45/2024] (Old No.CS/2/2016)

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE [Commercial Division] PIONEER PROPERTY MANAGEMENT LTD.

-VSAMAZON SELLERS SERVICES PRIVATE LIMITED & ANR.

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : July 23, 2024.

Appearance:

Mr. Sankarsan Sarkar, Adv.

Mr. Ratul Das, Adv.

Mr. Abhijit Sarkar, Adv.

... for the plaintiff Mr. Anuj Singh, Adv.

Mr. Abhisek Das, Adv.

... for the defendant no.1 Ms. Jayati Chowdhury, Adv.

Ms. Mandobi Chowdhury, Adv.

Ms. Rashmi Singhee, Adv.

Ms. Sanjana Shaw, Adv.

... for the defendant no.2 The Court: The matter is listed as "To Be Mentioned" by this Court on the report of the department that this Court on 16th April, 2024 has disposed of the suit by passing a judgment under the Commercial Division. Now the department pointed out that no amendment is carried out to correct the cause title of the plaint. By an order dated 21st September, 2022 both the parties have submitted before this Court that as per the decision taken by the Committee the instant suit has been transferred to the Commercial Division but inadvertently the suit was listed before the non-commercial division and accordingly, this case has been transferred to the Commercial Division and all the arguments have

been made by the learned Counsel for the respective parties before this Court in the Commercial Division.

It is found from the record, though the suit has been heard by this Court under the Commercial Division but cause title of the suit has not been amended.

In view of the above, the department is directed to amend the cause title of the plaint by incorporating the word 'Commercial Division' in the cause title of the plaint.

Counsel for the plaintiff submits that the department is already drawn up the decree but they are not getting the certified copies due to the aforesaid circumstances.

The department is directed that after making appropriate amendment the certified copy may be provided to all the parties, if applied for, on compliance of all formalities.

(KRISHNA RAO, J.) S.De