Indrani Sha v. Sip Academy India Pvt Ltd And ORS

OD-1 ORDER SHEET CS 122 of 2025

IN THE HIGH COURT AT CALCUTTA

ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE INDRANI SAHA VS.

SIP ACADEMY INDIA PVT. LTD. & ORS.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 12th November, 2025.

Mr. Pratip Mukherjee, Adv.

Mr. Aditya Sen, Adv.

Mr. P. Biswas, Adv.

. . . for proposed plaintiff.

The Court:- At the time of presentation of the plaint it is submitted by the proposed plaintiff that the proposed plaintiff does not intend to present the plaint in the form and in the manner it has been framed. There are every likelihood according to proposed plaintiff that the suit, if at all has to be instituted, has to be filed in the Commercial Division since the dispute being the subject matter of the suit may be a commercial dispute as under Section 2(1)(c) of the Commercial Courts Act, 2015. That apart and in any event, the franchisee agreement being the subject matter of the suit also appears to have an arbitration agreement. The proposed plaintiff therefore seeks return of the plaint along with the court fees.

In the aforesaid facts and circumstances, the plaint is directed to be returned with the court fees after completion of necessary formalities. The department is directed to deregister the suit from the

data base of this Court after the same is returned on completion of necessary formalities.

(ARINDAM MUKHERJEE, J.) pa