Calcutta High Court
Rail Pal Logistic Private Limited vs Emars Mining And Construction Private … on 12 March, 2026
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
ALP/1/2026
RAIL PAL LOGISTIC PRIVATE LIMITED
Vs.
EMARS MINING AND CONSTRUCTION PRIVATE LIMITED
BEFORE
The Hon'ble Justice SHAMPA DUTT (PAUL)
Date: 12th March, 2026.
Mr. Rishad Medora, Adv.
Mr. Meghajit Mukherjee, Adv.
...for the petitioner
Mr. Saubhik Chowdhury, Adv.
...for the respondent
The Court:- The application under Clause 13 of the Letters Patent,
1865 has been preferred praying for transfer of Money Suit No.1825 of 2014
(Railpal Logistics Private Limited Vs. Emars Mining & Construction Pvt. Ltd.)
pending before the Learned Commercial Court, Alipore, South 24 Parganas to
this Hon’ble Court in its Extraordinary Jurisdiction.
Such prayer of the petitioner herein is strongly objected to on the
ground that the suit sought to be transferred has progressed considerably
and the petitioner herein is intentionally delaying the suit before the
Commercial Court.
On hearing the learned counsels for the parties and on perusal of the
materials on record, it appears that Money Suit No.1825 of 2014 has now
been transferred to the Commercial Court at Alipore, vide order dated 16 th
January, 2026, passed by the learned Civil Judge, Senior Division, 2 nd Court,
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Alipore, South 24 Parganas. The next date before the Commercial Court is
fixed on 20th March, 2026. A new number for the case is yet to be received.
It is the contention of the learned counsel for the petitioner that the
money suit instituted by the petitioner herein in the year 2014 was sought to
be transferred by the petitioner by filing an application in the year 2023.
Admittedly, the respondent herein has preferred a Commercial Suit bearing
No.99 of 2016 before the commercial division of this High Court. It appears
that the parties in the money suit now transferred to the Commercial Court at
Alipore and the commercial suit pending before the High Court are same. The
defendants in the money suit are the plaintiffs before the High Court and the
plaintiffs in the money suit are defendants before the High Court. The dispute
in the money suit has been held to be a commercial dispute and it appears
that both the parties have prayed for a money decree against each other. It
further appears that the issue involved in both the suits, arises out of the
same facts and circumstances and as such the claim is to be adjudicated on
the materials in both the suits taken together for proper adjudication of the
claim of the parties herein.
It is also the case of the petitioner herein that the petitioner could not
pray for such transfer earlier on the ground that the matter was pending
before the Civil Court for adjudication as to whether the money suit is a
commercial suit.
Such prayer was pending for three years before the Civil Court and
finally on 16th January, 2026, the Civil Court on finding that the dispute is a
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commercial dispute transferred the case to the learned Commercial Court at
Alipore and the next date fixed for hearing is on 20 th March, 2026.
It appears that the petitioner herein without wasting time has come
before this Court praying for such transfer.
Accordingly, the petitioner’s prayer is to be considered and allowed, in
view of the fact that –
(i) The parties to the commercial suits are the same.
(ii) The issue involved is common.
(iii) The facts and circumstances and the evidence required to be
gone into, to consider the claim of both the parties are also same.
(iv) The respondents shall not be prejudiced.
Thus the said grounds make out a fair case for transfer of the Money
Suit No.1825 of 2024, now pending before the Commercial Court, Alipore to
the High Court.
ALP/1/2026 is allowed. Money Suit No.1825 of 2014 pending before
the Commercial Court at Alipore be transferred to the High Court and be
placed before the Bench having determination to hear CS 99/2016.
ALP/1/2026 stands disposed of.
(SHAMPA DUTT (PAUL), J.)
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