M/S. Krishna Hi-Tech Infrastructure Private Limited v. M/S. Bengal Shelter Housing Development Limited

OD-4 ORDER SHEET AP/490/2023

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE M/S. KRISHNA HI-TECH INFRASTRUCTURE PRIVATE LIMITED

Versus

M/S. BENGAL SHELTER HOUSING DEVELOPMENT LIMITED

BEFORE:

The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA Date : 8th August, 2023.

Appearance:

Mr. Abhishek Srivastav, Adv.

Mr. Akash Sharma, Adv.

Mr. Sumit Biswas, Adv.

Mr. Siddhartha Chatterjee, Adv.

Miss Jayati Chowdhury, Adv.

Miss Rashmi Singhee, Adv.

Miss Sucheta Mitra, Adv.

The Court: This is an application under Section 11 of the 1996 Act. Learned counsel appearing for the respondent submits that the matter should be filed in the Commercial Division since the applicant had made a specific statement that the applicant is entitled to approximately Rs.1.39 crores from the respondent on account of alleged work done and material supplied. Apart from the dispute falling under Section 2(1)(c)(5)(i) of the Commercial Courts Act, 2015, the claim also falls within the Notification of 20th March, 2020 issued by the Government of West Bengal fixing the pecuniary

jurisdiction of the Calcutta High Court under which the Commercial Division of the Calcutta High Court would have exclusive jurisdiction for claim exceeding Rs.1 crore.

The petitioner is given leave to withdraw AP/490/2023 and file it in the Commercial Division.

(MOUSHUMI BHATTACHARYA, J.) sg.