Srigopal Yarn Trading Private Limited ... vs Mahalaxmi Enterprise And Ors
2026 Latest Caselaw 3011 Cal/2

Calcutta High Court

Srigopal Yarn Trading Private Limited ... vs Mahalaxmi Enterprise And Ors on 16 April, 2026

Author: Aniruddha Roy

Bench: Aniruddha Roy

OCD-10

                    In the High Court at Calcutta
                        Commercial Division
                           Original Side
                         IA No. GA-COM/1/2026
                           In CS-COM/27/2026
         SRIGOPAL YARN TRADING PRIVATE LIMITED AND ANR.
                              VS
                MAHALAXMI ENTERPRISE AND ORS.
  BEFORE:
  The Hon'ble JUSTICE ANIRUDDHA ROY
  Date : April 16, 2026.
                                                                 Appearance :
                                                  Mr. Nirmalya Dasgupta, Adv.
                                                          Mr. R.L. Mitra, Adv.
                                                      Ms. Priyanka Dhar, Adv.
                                                           ... for the plaintiffs
       The Court : Notice of motion filed in Court today is taken on record.
       This is a commercial suit.
       This is an application praying for judgment upon admission for a
total sum of Rs.91,82,219/-. The reliefs claimed in the plaint mentioned
at page 518 of the application is also in sync therewith for final decree.
       The plaintiffs claim unpaid price of goods sold and delivered. The
plaintiffs are the sellers. The defendant no.1, unregistered partnership
firm, is the purchaser and the defendant nos.2 and 3 are the partners.
       The plaintiffs have raised tax invoices and e-Way bills upon the
defendants, as would be evident from pages 49 to 433 of the application
for a total sum of Rs.1,51,72,645/-. The defendants issued 10 numbers of
                                      2
post dated cheques for equal values covering the said total amount.
Paragraph 25 of the application shows except one cheque, rest of the nine
were dishonoured. The dishonoured memos are at pages 446 to 451 of the
application and the copies of the cheques are available at pages 437 to
445 of the application. The defendants have issued confirmation of
account as on March 31, 2024 at page 435 to the application showing the
closing balance for a sum of Rs.1,51,72,645/-.
       The instant injunction application is moved ex parte, since the
plaintiffs have an apprehension that the defendants would deal with their
immovable properties and in that event even if the plaintiffs succeed and
obtain a decree, the same will be a paper decree.
       Mr. Dasgupta, learned Advocate has drawn attention of this Court
to paragraph 65 from the application to show that in acknowledgment of
the transaction and their dues, the defendants have made part payment
from time to time and after giving due credit thereto, the plaintiffs today
claim a sum of Rs.91,82,219/- in the plaint by way of principal and in
addition interest.
       After hearing the submissions made on behalf of the plaintiffs and
upon considering the materials on record, it appears, prima facie, to this
Court that the defendants have acknowledged the transactions and
admitted the claims of the plaintiffs by way of balance confirmation and
also by issuing post dated cheques. The record further shows that upon
presentation, the post dated cheques were dishonoured on the ground of
                            IA No. GA-COM/1/2026
                              In CS-COM/27/2026
                                    A.R., J.
insufficient fund. Paragraph 69 to the application is the averment
regarding the apprehension of the plaintiffs.
       Considering all these stated above, this Court is, prima facie,
satisfied that an order of injunction is warranted to be passed against the
defendants insofar as the immovable properties are concerned.
       Accordingly, there shall be an order in terms of prayer (d) of the
application.

       The plaintiffs shall serve a copy of the application along with a copy
of today's order upon the defendants and shall file affidavit of service on
the next day.

       The matter is made returnable under the heading "New Motion" on
June 22, 2026.



                                                     (ANIRUDDHA ROY, J.)
RS
                             IA No. GA-COM/1/2026
                               In CS-COM/27/2026
                                     A.R., J.