01.09.2025 M/L No.34 Court No.16 (gc) FMA 1267 of 2025 CAN 1 of 2025 Sri Pankaj Manna & Ors. Vs. M/s. Eco Plus Precast Private Ltd. Mr. Debjit Mukherjee, Ms. Susmita Chatterjee, Mr. Kaustav Bhattacharya, Ms. Priyanka Jana …for the Appellants. Mr. Aniruddha Mitra, Sr. Adv., Mr. Dipnath Ray Chowdhury, Mr. Hareram Singh …for the Respondent. 1. We have heard the learned Counsel for the parties. 2. The defendant in the suit, namely, M/s. Eco Plus Precast Private Limited filed a suit before the learned Judge, Commercial Court at Rajarhat for specific performance of an agreement dated 31st July, 2016 and other consequential reliefs. During the pendency of the said suit, the plaintiff filed a suit for eviction being TS No.142 of 2024 before the learned Civil Judge (Sr. Divn.), 1st Court, Howrah. The aforesaid suit was decreed ex parte on 28th November, 2024. In an appeal against the said decree being FAT 413 of 2024, 2 a Coordinate Bench disposed of the said appeal after recording the submission of the learned Counsel for the parties by remanding the suit for a fresh consideration after filing a written statement as it appears that in the appeal it was urged that the suit may not be maintainable before the Civil Court. Thereafter, the matter was taken up by the learned Civil Judge (Sr. Divn) in which a preliminary point was taken with regard to the non-maintainability of the said suit and the said issue was decided in favour of the present respondent. 3. Having regard to the nature of the controversy, we are of the view that the present suit is a commercial suit to be heard along with the suit filed by the defendant being TS (Comm) No.86 of 2024. 4. The record of TS (Comm) No.86 of 2024 may be transferred to the Commercial Division. 5. However, the plaintiff would be required to amend the plaint and conform to the requirement of the Commercial Courts Act and for such issues, the defendant in the suit shall not raise any objection. 6. With the aforesaid observation, the appeal and the application are disposed of. 7. However, there shall be no order as to costs. 3 8. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities. (Soumen Sen, J.) (Apurba Sinha Ray, J.)