Citation : 2021 Latest Caselaw 32 Cal/2
Judgement Date : 12 January, 2021
OD-4
ORDER SHEET
APO/23/2020
WITH
CS/132/2018
IA NO:GA/1/2020, GA/2/2020(Old No.GA/694/2020)
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
SK. AKRAM ALI
VERSUS
KUMARDIPTA DAS
BEFORE:
The Hon'ble JUSTICE I. P. MUKERJI
The Hon'ble JUSTICE MD. NIZAMUDDIN
Date : 12th January, 2021.
Appearance:
Mr. Soumya Roy Chowdhury, Adv.
Mr. Sarosij Dasgupta, Adv.
Mr. Chanchal Kr. Dutta, Adv.
Ms. K. Mullick, Adv.
Mr. Debnath Ghosh, Adv.
The Court: The application for stay (IA No.GA/1/2020, Old No.GA/422/2020)
is treated as on the day's list.
This appeal from a judgment and order dated 17th January, 2020 passed by a
learned single judge of this court in a suit for passing off and infringement of a
copyright instituted by the respondent plaintiff granting an order of injunction in
terms of prayers (a) to (e) of the interim application, is formally admitted.
The application (IA No.GA/2/2020, Old No.GA/694/2020) by the appellant
under Order XLI Rule 27 of the Civil Procedure Code seeking leave of this court to
produce the documents mentioned in prayer (a) therein as additional evidence.
Affidavits have been exchanged in this application.
The impugned order as stated above was made on 17th January, 2020.
It appears from the records that the stay application together with the appeal
was listed before a division bench of this court on 4th March, 2020 and 7th
December, 2020 where some procedural directions were given.
Thereafter nothing happened.
In those circumstances, at this point of time, we expedite hearing of the
appeal.
As the respondent is represented by learned counsel, issuance and service of
the notice of the appeal is dispensed with.
The advocate on record for the appellant will file an informal paper book in
this court by 1st February, 2021, serving one copy thereof on the advocate on record
for the respondent at least seven days before the date of hearing of this appeal.
All other formalities are dispensed with and all undertakings in the stay
petition are discharged.
List this appeal along with the application (IA No.GA/2/2020, Old
No.GA/694/2020) on 22nd February, 2021.
The stay application (IA No.GA/1/2020, Old No.GA/422/2020) is disposed of.
(I. P. MUKERJI, J.)
(MD. NIZAMUDDIN, J.)
cs.
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