N.22Sl 151/CL 22.07.26 DL-19 Ct-07 (S.R.) CO 2362 of 2026 SREI Infrastructure Finance Ltd. v. Novus Global Horizon Private Ltd. & Ors. Mr. Ranjan Bachawat, Sr. Adv. Mr. Siddhartha Banerjee Mr. Paritosh Sinha Mr. Shounak Mukhopadhyay Mr. Saubhik Chowdhury Ms. Soni Ojha Ms. Sambrita B. Chatterjee Ms. Sayantani Banerjee Mr. Arko C. Roy Mr. Pranit Biswas … for the petitioner. Mr. Abhrajit Mitra, Sr. Adv. Mr. Debayan Sen Ms. Mohima Cudera Ms. Deepti Priya Mr. Niket Ojha Ms. Ishadi Mondal … for the respondents. 1. This revisional application is directed against an order dated July 7, 2026 passed by the learned Civil Judge (Senior Division), 2nd Court at Barasat in Title Suit No.723 of 2026. 2. Mr. Bachawat, learned senior advocate appearing for the petitioner submits that the suit is one which is inherently commercial in nature and, as such, the same could not have been instituted before the present Court which is an ordinary Civil Court. It is submitted that the petitioner has filed an application under Order 7 Rule 11 of the Code of Civil Procedure, 1908 seeking rejection of the plaint. However, the learned Trial Court has fixed July 22, 2026 (i.e. today) for hearing the application for injunction filed by the plaintiff i.e. the opposite parties herein. 3. It is further submitted that the learned Trial Court should be directed to hear out the petitioner’s application under Order 7 Rule 11 of the Code first i.e. prior to taking a decision on the opposite parties’ application for injunction. 4. Mr. Mitra, learned senior advocate appearing for the opposite parties submits that in order to put all controversies at rest the arguments made by Mr. Bachawat are accepted and that, the opposite parties are agreeable to seek return of the plaint from the learned Trial Court for presenting it before the appropriate Commercial Court. 5. It is submitted that the matter is urgent and an order for return of plaint is immediately required to be made by the learned Trial Court. 6. Having regard to the submissions made by the learned senior advocates appearing for the respective parties, this revisional application is disposed of by leaving the opposite parties free to make an application for return of plaint before the learned Trial Court, if necessary, by today itself. If such application is made, the learned Trial Court would return the plaint in accordance with the provisions of Order 7 Rule 10 of the Code immediately. 7. Needless to mention that this Court has not gone 2 into the merits of the matter. 8. With the aforesaid observations, CO 2362 of 2026 stands disposed of. 9. There shall be no order as to costs. 10. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Om Narayan Rai, J.) 3