Shyamnagar Packaging Works Private Limited v. Surya Electricals And Engineers Private Limited

OCD-10 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE [Commercial Division] CS-COM/747/2024 SHYAMNAGAR PACKAGING WORKS PRIVATE LIMITED VS SURYA ELECTRICALS AND ENGINEERS PRIVATE LIMITED

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : 20th August, 2024.

Appearance:

Ms. Labanyasree Sinha, Adv.

...for the plaintiff.

The Court: Ms. Labanyasree Sinha, learned Counsel, is appearing for the plaintiff.

The matter is fixed today for presentation of plaint. Counsel for the plaintiff submits that the plaintiff has inadvertently filed the suit before the Commercial Division as the matter is related to non-commercial dispute and prayed for return of the plaint so as to enable the plaintiff to file the same before the appropriate Court. Counsel for the plaintiff also submits that the plaintiff has deposited the Court fees having GRA No. 192024250044921678 for Rs. 50,000/- and submits that the plaintiff may be allowed to use the said Court fees for filing the suit before the non-commercial Division between the same parties.

Considering the submission made by the Counsel for the plaintiff, the plaintiff is allowed to take back the plaint with liberty to file the same

before the appropriate Court and the plaintiff is also at liberty to use the same Court fees as mentioned above at the time of filing of the separate suit before the appropriate Court.

Accordingly CS-COM/747/2024 is dismissed as withdrawn. (KRISHNA RAO, J.) Sbghosh