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Distinction Between ‘Temporary Injunction’ And “Attachment Before Judgement” Under The CPC: Calcutta High Court Explains

The Calcutta High Court vide order dated 22.6.21 explained in detail the distinction in the nature of relief between a ‘temporary injunction’ under Order XXXIX Rule 1 and an order for ‘attachment before judgment’ under Order XXXVIII Rule 5 of the Civil Procedure Code, 1908 (CPC). Justice Moushumi Bhattacharya observed that while both provisions aim to protect the petitioner by preserving the disputed property, their applicability differs when it comes to the nature of property and the stage of proceedings in question. In the concerned case, the petitioner had advanced an amount of Rs. 7.5 crores to the respondent as loan pursuant to requests made for such by the respondent at an agreed rate of interest of 15% per annum. However consequently the respondent had refused to acknowledge such a debt in its entirety giving rise to the present dispute. Accordingly, the petitioner prayed for relief in the nature of a temporary injunction.

Asia Law Offices advised a major transnational strategic collaboration between its client, UAE-Based Pharmax Pharmaceuticals, and Swiss pharma major Acino Pharmaceuticals.

ALO represented Pharmax in the structuring and closure of entire transaction documents of the significant collaboration.

The collaboration framework extends to licensing, manufacturing, and supply of Acino formulations within the gastroenterology and the cardiovascular space throughout the Middle East and Africa.