Biswanath Hosiery Mills Limited & ... vs Micky Metals Limited
2022 Latest Caselaw 42 Cal/2

ODCD-3

                  IN THE HIGH COURT AT CALCUTTA
                      Civil Appellate Jurisdiction
                            ORIGINAL SIDE
                       (COMMERCIAL DIVISION)



                         APOT/212/2021
                              With
                          CS/113/2020
                  IA No: GA/1/2021, GA/2/2021
            BISWANATH HOSIERY MILLS LIMITED & ANR.
                               VS.
                    MICKY METALS LIMITED



 BEFORE:

 The Hon'ble JUSTICE I. P. MUKERJI
          AND
 The Hon'ble JUSTICE KAUSIK CHANDA
 Date : 10th January, 2022
 [VIA VIDEO CONFERENCE]



                                                            Appearance :

                                               Mr. Jishnu Saha, Sr.    Adv.
                                               Mr. Debnath Ghosh,      Adv.
                                              Mr. Sarosij Dasgupta,    Adv.
                                                   Ms. Mini Agarwal,   Adv.
                                       Ms. Pubali Sinha Chowdhury,     Adv.
                                                Mr. Sanjay Ginodia,    Adv.

                                                        ... for Appellants

                                            Mr. Bhaskar Mukherjee, Adv.
                                               Mr. R. Bachawat, Sr. Adv.
                                             Mr. S. Roy Chowdhury, Adv.
                                                      Mr. D. Ghosh, Adv.
                                                       Mr. D. Sahu, Adv.
                                                     Mr. N. Yasimn, Adv.
                                                Mr. Zeeshan Haque, Adv.
                                                       ... for Respondent

GA/1/2021

The Court : Sufficient cause is shown. The delay of about 66 days

in preferring the appeal is condoned. We direct the department to register

the appeal. The application (GA/1/2021) is allowed.

GA/2/2021, APOT/212/2021

We admit the appeal from the judgment and order dated 24th

August, 2021 in an interim application in a trademark suit refusing to

grant an order of injunction in favour of the appellant/petitioner.

As the respondent is represented by learned counsel, we dispense

with issuance and service of the notice of appeal.

We expedite the hearing of the appeal dispensing with all

formalities.

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

book in this court by 24th January, 2022 serving a copy thereof on the

respondent, at least seven days before the date of hearing of the appeal.

List this appeal (APOT/212/2021) for hearing on 7th February,

2022.

The stay application (IA No. GA 2/2021) is disposed of.

As affidavits were not invited for, the allegations contained therein

are deemed not to be admitted.

(I. P. MUKERJI, J.)

(KAUSIK CHANDA, J. )

SN.