Eskag Pharma Pvt Ltd. v. Anil Sharma

OCD-2 ORDER SHEET CS/72/2023

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE [Commercial Division] ESKAG PHARMA PVT. LTD.

-VSANIL 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In view of the submission made by the counsel for the plaintiff, CS/72/2023 is dismissed as withdrawn with the liberty to take appropriate steps by the plaintiff in accordance with law.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. (KRISHNA RAO, J.) RS