Natural Plaza Private Limited Vs Bardhaman Housing Development Private Limited and Ors. — Calcutta HC (2026) — LawSathi Research

Natural Plaza Private Limited Vs Bardhaman Housing Development Private Limited and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer for transfer of Title Suit No. 87 of 2023 to the High Court refused; Trial Court (or, failing a regular Presiding Officer, the Judge-in-Charge) directed to consider and dispose of the Order VII Rule 11 application within sixty days from communication of the order, on hearing the parties and by a reasoned order.

Issue for consideration

Whether the grounds made out justify transfer of Title Suit No. 87 of 2023 from the Trial Court (Civil Judge, Junior Division, 2nd Court, Purba Bardhaman) to the High Court at Calcutta.

Court's answer

The grounds made out do not call for transfer of the suit from the Trial Court to the High Court; the prayer for transfer of Title Suit No. 87 of 2023 is refused.

Ratio / Principle

ALP/3/2026 disposed of with the direction that the application under Order VII Rule 11 of the CPC be considered and disposed of by the Trial Court as the Regular Court; if there is no regular Presiding Officer, the Judge-in-Charge of the said Court shall make all endeavour to dispose of it within sixty days from communication of the order, on hearing the parties and by passing a reasoned order, in accordance with law.

Detailed headnote1 paragraphs

Transfer petition (ALP) under the Extraordinary Original Civil Jurisdiction of the High Court at Calcutta seeking transfer of Title Suit No. 87 of 2023 (Barddhaman Housing Development Pvt. Ltd. Vs. Gold King Projects Pvt. Ltd. & Anr.) from the Civil Judge, Junior Division, 2nd Court, Purba Bardhaman to the High Court, on the ground that the petitioner's application under Order VII Rule 11 CPC lay undisposed despite a prior direction in CO/3990/2025 dated 3rd December, 2025 for disposal within three months, owing to absence of a regular Presiding Officer. Held, the grounds did not call for transfer of the suit to the High Court. ALP/3/2026 disposed of with a direction that the Order VII Rule 11 application be considered and disposed of by the Trial Court as the Regular Court and, if there is no regular Presiding Officer, by the Judge-in-Charge within sixty days from communication of the order, after hearing the parties and by a reasoned order, in accordance with law.

OD-4

ALP/3/2026

IN THE HIGH COURT AT CALCUTTA Extraordinary Original Civil Jurisdiction ORIGINAL SIDE

NATURAL PLAZA PVT. LTD.

-VERSUS-

BARDHAMAN HOUSING DEVELOPMENT PVT. LTD. AND ORS.

BEFORE:

The Hon'ble JUSTICE SHAMPA DUTT (PAUL) Date : 16^th April, 2026.

Appearance: Mr. Abhrajit Mitra, Sr. Adv. Mr. Satadeep Bhattacharyya, Adv. Mr. Awani Kumar Roy, Adv. Mr. Surajit Biswas, Adv. Ms. Sriparna Mitra, Adv. Mr. Arijeet Bera, Adv. ...for the petitioner. Tirthankar Dhali, Adv. Mr. Sayantan Adhya, Adv. Md. Nadeem, Adv. Mr. Parvej Alam, Adv. Mr. Mir Md. Minhaj, Adv. Mr. Rejwan Ali, Adv. ...for the respondent.

The Court: Affidavit of service filed in Court is taken on record.

ALP/3/2026 has been preferred praying for transfer of Title Suit No. 87 of

2023 (Barddhaman Housing Development Pvt. Ltd. Vs. Gold King Projects Pvt. Ltd. & Anr.) pending before the Learned Civil Judge, Junior Division, 2^nd Court, Purba Bardhaman to the Hon’ble High Court at Calcutta.

It is submitted by Mr. Mitra, learned senior counsel appearing for the petitioner that the petitioner’s application under Order VII Rule 11 of the Code of Civil Procedure has not been disposed of by the Trial Court in spite of an earlier

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order passed by the High Court in CO/3990/2025 dated 3^rd December, 2025, wherein the Court had directed the Trial Court to dispose of the said application within a period of three months.

It is submitted by Mr. Mitra appearing for the petitioner that the said application has not been disposed of by the Trial Court till date, as the Court does not have a regular Presiding Officer.

Considering the submissions of the parties herein and materials on record and the reasons for which the transfer has been sought for, this Court is of the view that the grounds as made out does not call for transfer of the suit, from the Trial Court to the High Court.

Accordingly, ALP/3/2026 is disposed of with the direction that the application under Order VII Rule 11 of the CPC shall be considered and disposed of by the Trial Court, being the Regular Court and in case there is no regular Presiding Officer, the Judge-in-Charge of the said Court shall make all endeavour to dispose of the same within sixty days from the date of communication of this order, on hearing the parties and by passing a reasoned order, in accordance with law.

A.Sadhukhan