OD – 13 ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE IA NO. GA/2/2024 In CS/235/2019 UNION OF INDIA, MINISTRY OF RAILWAYS AND ANR Vs M/S. JAI BALAJI INDUSTRIES AND 12 OTHERS BEFORE: THE HON’BLE JUSTICE SUGATO MAJUMDAR Date: 5th March, 2025 Appearance: Mr. Siddhartha Lahiri, Adv. Ms. Amrita Pandey, Adv. …for the Plaintiffs Mr. Rishad Medora, Adv. Mr. Vivek Basu, Adv. Ms. Srijeeta Gupta, Adv. …for the Defendants The Court: GA 2 of 2024 is filed by the Defendant, praying for rejection, and/or returned of the plaint. It is contended that the plaint relates to an alleged charge, pursuant to which, the Plaintiffs, inter alia, claim recovery of sum of Rs.13,41,85,05,796/- from the Defendants as higher freight charges on account of transportation of iron ore. On perusal of the plaint, it is apparent that the suit, filed by the Plaintiffs, pertains to transactions of commercial nature which is covered under Section 2(1) (c) (v) of the Commercial Courts Act, 2015. But the suit is filed in the Ordinary Original Civil 2 Jurisdiction, after commencement of the Act of 2015. This occasioned filing of the instant application. The Plaintiff did not file any affidavit-in-opposition. On perusal of plaint, it is apparent that subject matter of the suit is carriage of goods and is of commercial nature which comes within ambit of Section 2(1) (c) (v) of the Commercial Courts Act, 2015. The suit was filed and registered in the year 2019. A Co-ordinate Bench of this Court in Laxi Polyfab Pvt. Ltd. Vs. Eden Realty Ventures Pvt. Ltd. Anr. (AIR 2021 Cal 190) observed that transfer of suit under Section 15 of the Commercial Courts Act, 2015 can take place if those suits were pending at the time of coming into force of the Act. It was further observed that a suit which has been filed subsequent to the notification of the specified value in the Ordinary Original Civil Jurisdiction of the High Court cannot be transferred to the Commercial Division of the High Court by virtue of Section 15(1) of the Act of 2015. It was further observed that a suit filed subsequent to the notification of the specified value in the Ordinary Original Civil Jurisdiction of the High Court cannot be said to be a pending suit and cannot be transferred. It was further observed that once the suit has been filed beyond the date of notification of the specified value Order VII Rule 10 of the Code of Civil Procedure, 1908 should be applicable and the plaint should be returned. The aforesaid decision of the Single Bench was approved impliedly in Patil Automation Pvt. Ltd. Vs. Rakheja Engineers Pvt. Ltd. [(2022) 10 SCC 1]. As stated above, the suit was filed in the month of November 2019. In terms of the Notification dated 15/11/2018, in exercise of power conferred under Section 3 (1A) of the Act of 2015, specified value of the Commercial Division of this Court was 3 fixed at “not less than Rupees One Crore”. The instant suit was filed in the year 2019. Therefore, it is a fit case where the plaint should be returned and shall be filed in proper jurisdiction after compiling with the provisions of the Commercial Courts Act, 2015. Accordingly, it is ordered that the plaint be returned. The instant suit, accordingly, stands disposed of. Mr. Medora, the Learned Counsel is allowed to withdraw the notes of argument dated 28/01/2025. (SUGATO MAJUMDAR, J.)