Sk.Allauddin v. Subrat Kumar Pritikanta Mohanty

Orissa HC12 Sept 2025CMP/1066/2025

Case brief

AI extract

What is this about?

Keywords: Commercial Courts Act 2015; Section 2(1)(c) commercial dispute definition; Section 15 / Section 15(2) transfer of pending commercial suits to Commercial Court; Order 7 Rule 10 CPC return of plaint; transfer versus return of plaint; Commercial Court at Cuttack; Jajpur district Commercial Court notification dated 13 November 2020; I.A.No.54 of 2025; C.S.No.719 of 2022; CMP No.1066 of 2025; Orissa High Court; Justice B.P. Routray.

What did the court decide?

Transfer of C.S.No.719 of 2022, together with all interlocutory applications and petitions, to the Commercial Court at Cuttack; the CMP disposed of as allowed. ¶¶26

Sk.Allauddin Vs Subrat Kumar Pritikanta Mohanty — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of C.S.No.719 of 2022, together with all interlocutory applications and petitions, to the Commercial Court at Cuttack; the CMP disposed of as allowed.

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Issue for consideration

Whether the plaint in C.S.No.719 of 2022 should have been returned under Order 7 Rule 10 CPC, or whether the suit itself should be transferred to the Commercial Court under Section 15 of the Commercial Courts Act.

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Court's answer

Section 15(2) of the Commercial Courts Act prescribes transfer to the Commercial Court of all suits and applications relating to commercial disputes of specified value pending in any Civil Court, except suits where final judgment was reserved by the Civil Court prior to constitution of the Commercial Court.

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Ratio / Principle

Since the suit was filed in 2022 and the Commercial Court for Jajpur district had already been constituted by notification dated 13 November 2020, the Court held there was no doubt that the suit was to be transferred to the Commercial Court at Cuttack constituted for the purpose.

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Key takeaways

The Petitioner's prayer was allowed: C.S.No.719 of 2022, along with all interlocutory applications and petitions, was ordered to be transferred to the Commercial Court at Cuttack, and the CMP was disposed of as allowed.ratio¶¶25

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, Justice B.P. Routray — CMP No.1066 of 2025 (Ak.Allauddin v. Subrat Kumar Pritikanta Mohanty and another), order dated 12.9.2025. Challenging the order dated 20.6.2025 of the Civil Judge (Sr. Division), Jajpur in I.A.No.54 of 2025 (arising out of C.S.No.719 of 2022) directing return of the plaint for presentation before the Commercial Court, the petitioner sought transfer of the suit under Section 15 of the Commercial Courts Act instead of return of plaint under Order 7 Rule 10, CPC. Both parties agreed the dispute is a commercial dispute within Section 2(1)(c) of the Commercial Courts Act, 2015. Recalling that Section 15(2) prescribes transfer of all pending suits/applications relating to commercial disputes of specified value except suits where final judgment was reserved prior to constitution of the Commercial Court, and noting the suit was filed in 2022 whereas the Commercial Court for Jajpur district was constituted by notification dated 13.11.2020, the Court found 'no doubt' that the suit was to be transferred. The petition was allowed and C.S.No.719 of 2022, along with all interlocutory applications and petitions, was transferred to the Commercial Court at Cuttack; the CMP disposed of as allowed.

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Signature Not Verified

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Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cutt ack Date: 12-Sep-2025 16:53:46

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CMP No.1066 of 2025

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Ak.Allauddin

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…. Petitioner Mr.S.S.Mohanty, Advocate

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-versus-

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Subrat Kumar Pritikanta Mohanty and another

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…. Opposite Parties Mr.G.Mishra, Sr.Advocate

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

ORDER

12.9.2025

Order No.

Heard Mr.Mohanty, learned counsel for the Petitioner and Mr.Mishra, learned Senior Counsel for the Opposite Parties.

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Present CMP is directed against order dated 20^th June 2025 of the learned Civil Judge (Sr.Division), Jajpur passed in I.A.No.54 of 2025 (arising out of C.S.No.719 of 2022), wherein learned trial court has directed for return of the plaint to be presented before the Commercial Court.

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In course of hearing, both parties agree to the fact that the dispute involved in C.S.No.719 of 2022 is a commercial dispute within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015. It is the grievance of the Petitioner that instead of directing for return of plaint under Order 7 Rule 10, CPC, the Court could have

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Page 1 of 2

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Signature Not Verified

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Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cutt ack Date: 12-Sep-2025 16:53:46

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directed for transfer of the suit to the Commercial Court as per Section 15 of the Commercial Courts Act.

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Sub-section 2 of Section 15 of the Commercial Courts Act prescribes for transfer of all the suits and applications relating to commercial dispute of such specified value pending in any Civil Court to the Commercial Court constituted for the purpose, except such suits where final judgment has been reserved by the Civil Court prior to constitution of the Commercial Court.

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Present suit has been filed in the year 2022 and by virtue of notification dated 13^th November 2020, the Government of Odisha has constituted the Commercial Court in respect of Jajpur district. Therefore, no doubt remains there for transferring the suit to the Commercial Court at Cuttack constituted for the purpose.

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Accordingly, the prayer of the Petitioner is allowed and C.S.No.719 of 2022 along with all the interlocutory applications and petitions are transferred to the Commercial Court at Cuttack.

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The CMP is disposed of as allowed.

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( B.P. Routray)

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Judge

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C.R.Biswal

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Sk.Allauddin v. Subrat Kumar Pritikanta Mohanty

Case brief

What is this about?

What did the court decide?

Sk.Allauddin v. Subrat Kumar Pritikanta Mohanty

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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