ESKAG PHARMA PVT. LTD v. ANIL SHARMA
Case at a glance
- Order date
- 22 Jun 2023
- Bench
- KRISHNA RAO
Outcome
Withdrawn
CS/72/2023 is dismissed as withdrawn with the liberty to take appropriate
Provisions considered
- Commercial Courts Act, 2015 s. 12A
Judgment
Operative part
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE [Commercial Division] ESKAG PHARMA PVT. LTD. -VS- ANIL SHARMA BEFORE: The Hon'ble JUSTICE KRISHNA RAO Date : June 22, 2023. Appearance: Mr. Saunak Sarbajna, Adv. Mr. Debanik Banerjee, Adv. Mr. Rohan Chatterjee, Adv. … for the plaintiff. The Court: The plaintiff has filed the present suit claiming decree of Rs.2 crore along with interest. This is a commercial matter and the plaintiff prays for leave under Section 12A of the Commercial Courts Act, 2015. This Court finds that before filing of the instant suit, the plaintiff has not complied with the provisions of Section 12A nor the plaintiff has prayed for any urgent interim relief. Accordingly, the counsel for the plaintiff prays for withdrawal of the suit for taking appropriate steps in accordance with Section 12A of the Commercial Courts Act, 2015. Learned counsel for the plaintiff also prayed for refund of court fee. In view of the submission made by the counsel for the plaintiff, CS/72/2023 is dismissed as withdrawn with the liberty to take appropriate steps by the plaintiff in accordance with law. The Court fee deposited by the plaintiff be returned to the plaintiff. RS
(KRISHNA RAO, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: CS/72/2023 is dismissed as withdrawn with the liberty to take appropriate
Which statutory provisions did this judgment involve?
Commercial Courts Act, 2015 — s. 12A.
Which court decided this case, and when?
Calcutta High Court, on 22 Jun 2023. The bench was KRISHNA RAO.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.