Calcutta High Court Upholds Judgment Passed By Commercial Court Judge Despite Suit Not Being Transferred To Commercial Division
Law Firm News Correspondent
11 May 2026 3:34 PM IST
The Calcutta High Court comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi held that a judgment cannot be set aside merely on the ground that a suit involving a commercial dispute within the meaning of the Commercial Courts Act, 2015 was not transferred to the Commercial Division, where the judgment was delivered by a Judge designated as a Commercial Court.
The Bench observed:
“A judgment delivered by a Judge designated as a Commercial Court in respect of a matter which involves a commercial dispute within the meaning of the Act of 2015, but not transferred to the Commercial Division, cannot be faulted on the ground of lack of jurisdiction.”
The appeal was preferred by National Insurance Company Limited challenging the judgment and decree dated 20.12.2022 passed by the Single Bench of the Calcutta High Court fixing mesne profits in a suit for eviction filed by The Hanuman Estates Limited concerning premises situated at 19, R.N. Mukherjee Road, Kolkata.
The primary contention of the appellant was that the judgment was without jurisdiction since it had been passed by the non-commercial division despite the suit involving a commercial dispute within the meaning of the Commercial Courts Act. It was further contended that the Trial Court erred in relying upon the report of the Special Referee, which allegedly failed to consider that the subject property lacked several amenities available in comparable properties relied upon for fixation of mesne profits.
Appearing for the respondent, senior counsel relied upon the Supreme Court's decision in Shri Balaji Industrial Engineering Ltd. v. Steel Authority of India Ltd., contending that where the Judge passing the order also held the roster and determination of the Commercial Division, the judgment could not be invalidated solely because the matter had not been formally transferred to the Commercial Division. It was also submitted that all relevant considerations were taken into account by the Special Referee and also the Trial Court while fixing and approving the rate of mesne profit.
The Division Bench noted that the Special Referee as well as the Trial Court had considered the location of the premises, available amenities and prevailing rental rates in adjoining buildings while determining mesne profits. The Court held that the findings were not shown to be perverse and therefore did not warrant appellate interference.
Accordingly, the appeal was dismissed without costs.
Case Details: APD/14/2023 with CS/12/2013 - National Insurance Company Limited vs The Hanuman Estates Limited
Advocates for Appellant (National Insurance Company Limited) - Mr. Debajyoti Datta, Sr. Advocate, Mr. Arijit Doss Mullick & Ms. Pallabi Sardar, Advocates
Advocates for Respondent (The Hanuman Estates Limited) - Mr. Sabyasachi Choudhury, Sr. Advocate, Mr. Amit Meharia, Ms. Urmila Chakraborty, Ms. Paramita Banerjee, Mr. Rohan Raj & Mr. Tamoghna Chattopadhyay, Advocates – MCO Legals (Meharia & Company)