C.O. 4103 of 2025 Jashoda Nandan Dutta & Ors. -vs- M/S. Bharat Petroleum Corporation Ltd. 27.8.2026 ct.652, sl.no.1 sk Mr. Biswarup Mukherjee Mr. Tanumoy Kar ….for the petitioners Mr. Sanjib Kr. Mal Ms. Shomrita Das Mr. Shomrik Das …for the BPCL 1. After pronouncement of order in this matter in open Court on 25th August, 2026 disposing of the instant revision, the matter has come up today, at the instance of the petitioners, who, however, did not appear at the time of pronouncement of order in open Court on 25th August, 2026. 2. Today, the petitioner no. 1 has filed supplementary affidavit in Court. Copy thereof has already been served. The same is taken on record. 3. Learned advocate for the petitioners has submitted that there has been a prolonged delay as regards the proceedings in the suit before the learned Trial Court, reason for which is attributable to the dilatory process adopted by the opposite party. 4. It is further submitted that on 2nd July, 2026, the learned Trial Court has passed an ex parte ad interim order of injunction in favour of the present petitioner/plaintiff. 2 5. It is further submitted that an appeal has been preferred by the present opposite party challenging the said order of ad-interim injunction, which is now pending. 6. Referring to the Memorandum of Appeal filed by the present opposite party before the learned District Judge at Alipore, learned advocate for the petitioner has submitted that in the said appeal, for the first time, the present opposite party/defendant has pleaded that the dispute and the suit is commercial in nature and requires to be adjudicated by the Commercial Court. 7. The petitioners’ prayer in this revision is about a direction, which may be passed directing the learned Trial Court for expeditious disposal of the suit. 8. Mr. Mal, learned advocate who appears for the opposite party and who appeared on the last date of hearing too, has emphatically submitted that the present suit before the learned Trial Court is not maintainable, in view of the provisions of the Commercial Court’s Act, 2015. 9. Having heard both the learned counsels for the respective parties and having perused the materials on record as well as the supplementary affidavit filed by the petitioner, it prima facie transpires that the suit is commercial in nature and the jurisdictional 3 Commercial Court shall only have authority and jurisdiction to try the instant suit. It is further found that in the appeal filed by the present opposite party before the learned District Judge at Alipore, the issue of transfer of the suit to the Court of appropriate jurisdiction, has been duly taken. 10. Let therefore, this revision be disposed of by directing the learned District Judge at Alipore to consider and pass an order with respect to the point as above, before the proceeding further in the appeal pending before it. 11. Let such consideration and decision be made by the learned District Judge at Alipore within a period of four weeks from the date of communication of copy of this order. 12. The order dictated in the open Court on 25th August, 2026 is hereby recalled. 13. The civil revisional application being CO 4103 of 2025 is disposed of. (Rai Chattopadhyay, J.) 4