M/S Mutton Mahal v. Climaxglobal Exim Pvt. Ltd. and Ors.
Jurisdiction – Ordinary Original Civil Jurisdiction, High Court at Calcutta – Suit for money lent and advanced
Case brief
What is this about?
Calcutta High Court (OOCJ), CS 40 of 2025, Justice Arindam Mukherjee, 8th April 2025 - M/s Mutton Mahal v. Climaxglobal Exim Pvt. Ltd. & Ors.: plaint for money lent and advanced returned for want of territorial jurisdiction; neither plaintiff nor defendants carry on business, dwell or work for gain within OOCJ; underlying agreement made outside jurisdiction; bank transactions within jurisdiction held insufficient in the era of digital transactions; Sections 16-20 CPC govern forum selection; plaint returned with court fees, liberty to refile before appropriate forum within three weeks; suit number de-registered.
What did the court decide?
Plaint directed to be returned to the plaintiff upon completion of necessary formalities along with the court fees; plaintiff at liberty to file a suit in accordance with law before the appropriate forum making use of the court fees already put in; entire exercise to be completed within three weeks from date; department to de-register the suit number from the records of the Court.