R K Trading Co vs Prospect Pharmaceuticals Private ...
2025 Latest Caselaw 3136 Cal/2

Calcutta High Court

R K Trading Co vs Prospect Pharmaceuticals Private ... on 21 November, 2025

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-5


                      In the High Court at Calcutta
                          Commercial Division
                             Original Side
                         IA No. GA-COM/1/2025
                          In CS-COM/79/2025

                         R K TRADING CO
                               VS
            PROSPECT PHARMACEUTICALS PRIVATE LIMITED


   BEFORE:
   The Hon'ble JUSTICE ANIRUDDHA ROY
   Date : November 21, 2025.

                                                                     Appearance:
                                                       Mr. Rohit Banerjee, Adv.
                                                        Mr. Arindam Paul, Adv.
                                                         Ms. Debarati Das, Adv.
                                                     ...for the petitioner/plaintiff


          The Court : This is a money suit claiming unpaid sale

consideration payable by the defendant to the plaintiff out of goods sold

and delivered as alleged in the plaint and the petition.

          Today, the petitioner has moved exparte upon contemplating

urgency for an interim order that assets and properties belong to the

defendant/respondent may be dissipated by the respondent. Hence, the

order of injunction is urgently required.

          Mr. Rohit Banerjee, learned Advocate with Mr. Arindam Paul,

learned Advocate appearing for the petitioner/plaintiff submits that the

plaintiff has prayed for judgment upon admission.

          Considering the submissions made on behalf of the petitioner,

this Court is of the view that no exparte ad interim order can be called for

at this stage.
                                           2

          However, the petitioner shall serve notice along with copy of the

petition and today's order upon the respondent and shall file affidavit of

service on the returnable day when the petitioner shall be at liberty to

renew its prayer for interim relief.

          The matter shall appear under the heading "New Motion" on

December 3, 2025.




                                                    (ANIRUDDHA ROY, J.)


Sbghosh




                             IA No. GA-COM/1/2025
                               In CS-COM/79/2025
                                       A.R., J.