Gazi Murshidul Arefin And Ors vs Salt Lake Society For Hotel ...
2022 Latest Caselaw 236 Cal/2

ODC-1
                                 ORDER SHEET

                           APOT NO. 12 of 2022
                                   with
                             CS NO.50 of 2020
                            IA NO: GA/1/2022

                   IN THE HIGH COURT AT CALCUTTA
                    CIVIL APPELLATE JURISDICTION
                            ORIGINAL SIDE
                       ( COMMERCIAL DIVISION )


               GAZI MURSHIDUL AREFIN AND ORS.
                           Versus
    SALT LAKE SOCIETY FOR HOTEL MANGEMENT AND ANOTHER

Before:
The Hon'ble Justice I. P. MUKERJI
             And
The Hon'ble Justice ANIRUDDHA ROY
Date: 31st January, 2022.

                                                                Appearance:
                                                  Mr. Abhrajit Mitra, Sr. Adv.
                                           Mr. Soumya Roy Chowdhury, Adv.
                                                   Mr. Biswajit Kumar, Adv.
                                                      Mr. Debayan Sen, Adv.

                                                 Mr. S.N. Mookerjee, Sr. Adv.
                                                     Mr. Arunabha Deb, Adv.
                                                 Mr. Soumabho Ghose, Adv.
                                                      Ms. Ashika Daga, Adv.
                                                Ms. Arti Bhattacharyya, Adv.


    The Court:    This appeal against the judgment and order dated 3rd

September, 2021 made by a learned single judge of this Court in an

interlocutory application in connection with a trade mark suit confirming

the interim order dated 2nd December, 2020, in terms of prayer [c] of the

Notice of Motion, is formally admitted.

    Prayer [c] is as follows:-

    "An order of injunction restraining the respondent from using the

expression/trading style/mark IIHM as part of its business name

and style in any manner whatsoever."

Considering the fact that the initial interim order of injunction was

made on 2nd December, 2020, confirmed on 3rd September, 2021, that

the instant appeal was filed on or about 24th January, 2022, and that

any interference by this Court at this stage with the impugned order

would tantamount to allowing the appeal, we think it fit that the appeal

itself should be heard out as expeditiously as possible dispensing with all

formalities.

Order in terms of prayer [a] of the stay petition.

As the respondents are represented by learned counsel, we

dispense with issuance and service of the notice of appeal.

Advocate-on-record for the appellants will file an informal paper

book in this Court by 15th February, 2022, serving a copy thereof on the

advocate-on-record for the respondents at least three days before the

date fixed for hearing of the appeal.

List the appeal for hearing on 23rd February, 2022.

The stay application (IA No. GA/1/2022) is disposed of.

As affidavits were not invited, the allegations, if any, contained

therein are not deemed to be admitted.

                                             (I.    P. MUKERJI, J.)



                                             (ANIRUDDHA ROY, J.)

cs/