Valvoline Cummins Pvt. Ltd. v. Roadwings International Pvt. Ltd. And Others

Shampa Sarkar, J.:— This revisional application is directed against an order dated March 16, 2020 passed by the learned Civil Judge(Senior Division) 1 Court, at Alipore in Money Suit No. 260 of 2017. By the order impugned, the learned Court below rejected the application under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant.

2. It is urged on behalf of the petitioner that the suit was barred by limitation as the cause of action, as pleaded by the plaintiff occurred in 2008. That the Alipore Court did not have any territorial jurisdiction in the matter as would be reflected from the pleadings. That the suit was mainly a money suit with a claim for damages on account of supply of inferior quality goods connected with an agreement for sale of goods and should be restored as a commercial suit.

3. It is urged that by clever drafting the suit has been filed before the court below beyond the period of limitation and the learned Court below considered the suit as a suit for damages on account of defamation and accepted the Court fee of Rs. 10/- without looking into the schedule of claim. The learned Court below also misread the provisions of Section 19 of the Code of Civil Procedure.

4. An arguable case has been made out by the learned Advocate for the petitioner as the first claim arises out of an agreement for sale and money claim for supply of inferior quality goods.

5. The learned Advocate for the opposite parties pray for a direction to be allowed to file their affidavit in opposition to this application.

6. Let affidavit-in-opposition be filed within four weeks from date; reply thereto, if any, be filed within two weeks thereafter.

7. There shall be stay of all further proceeding in Money Suit No. 260 of 2017 pending before the learned Civil Judge (Senior Division), 1 Court, Alipore for a period of four months or until further orders, whichever is earlier.

8. Let this matter appear in the daily supplementary cause list on February 24, 2021 under the heading “Hearing” at 2-00 p.m.