Amir Biri Factory And Ors vs Mr. Rashid Ali
2025 Latest Caselaw 1027 Cal/2

Calcutta High Court

Amir Biri Factory And Ors vs Mr. Rashid Ali on 8 August, 2025

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OIP-92

                     IN THE HIGH COURT AT CALCUTTA
                                 ORIGINAL SIDE
                     (Intellectual Property Rights Division)

                           IP-COM/63/2024
                        [OLD NO CS/145/2021]
     IA NO: GA/1/2021, GA/2/2021, GA/3/2021, GA-COM/5/2025, GA-
                             COM/6/2025

                         AMIR BIRI FACTORY AND ORS.
                                      VS
                               MR. RASHID ALI

  BEFORE:
  The Hon'ble JUSTICE RAVI KRISHAN KAPUR
  Date : 8th August, 2025.



                                                                            Appearance:
                                                              Mr. Sarosij Dasgupta, Adv.
                                                                     Mr. Avijit Dey, Adv.
                                                          Mr. Biswaroop Mukherjee, Adv.
                                                                           ...for plaintiff.

      The Court : It is submitted on behalf of the petitioner that an application

for summary judgment i.e. GA-COM/6/2025 has been filed and is ready for

hearing. The petitioner prays for liberty to withdraw the prior application i.e.

GA/1/2021. In view of the submissions on behalf of the petitioner, GA/1/2021

stands dismissed as withdrawn.



                               GA/2/2021, GA/3/2021

      It is submitted on behalf of the plaintiff that despite repeated service the

respondent have chosen not to be represented. In view of the above, the

applications being GA/2/2021, GA/3/2021 filed by the respondent stands

dismissed for default.

GA-COM/5/2025

It is submitted on behalf of the petitioner that due to subsequent events

which have transpired after the filing of the suit GA-COM/5/2025 has also

become infructuous.

In view of the above, GA-COM/5/2025 stands dismissed as infructuous.

GA-COM/6/2025

In view of the above, let GA-COM/6/2025 appear on 26 August, 2025.

In the meantime, the petitioner is directed to effect service on the

respondent and the Advocates appearing on his behalf and file an Affidavit of

Service on the returnable date.

Affidavits of Service filed on behalf of the petitioner be kept with the

records.

(RAVI KRISHAN KAPUR, J.)

SK.