Fox And Mandal And Anr vs Somabrata Mandal And Ors
2025 Latest Caselaw 1107 Cal/2

Calcutta High Court

Fox And Mandal And Anr vs Somabrata Mandal And Ors on 13 August, 2025

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OIPD-11

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

                               IP-COM/6/2025
                            [OLD NO CS/269/2022]
                      IA NO: GA/4/2023, GA-COM/5/2025

                         FOX AND MANDAL AND ANR.
                                   VS
                        SOMABRATA MANDAL AND ORS.

BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 13th August, 2025
                                                                         Appearance:
                                                   Mr. Soumya Roy Chowdhury, Adv.
                                                             Ms. Susrea Mitra, Adv.
                                                               ...for the petitioners.

                                                     Mr. Krishnaraj Thaker, Sr. Adv.
                                                            Mr. Indranil Munshi, Adv.
                                                    ...for the respondent nos.1 and 2.

The Court: This is an application for summary judgment under Order

XIIIA of the Code of Civil Procedure, 1908.

The matter has been heard on numerous occasions and also adjourned

granting opportunities to both parties to amicably resolve their differences.

It is submitted by Mr. Thaker, Senior Advocate appearing on behalf of the

respondent nos.1 and 2 that a Transfer Petition being Transfer Petition (Civil)

No.2010-2012/2025 (IA No.176962/2025) has been filed before the Hon'ble

Supreme Court and is pending.

This matter was being heard and had been fixed for further hearing today

as also to intimate this Court as to whether the parties were able to settle their

disputes. It is submitted on behalf of the respondent nos. 1 and 2 that they are

not ready and willing to accept the proposal forwarded by the petitioner. It is

also submitted upon instructions that the respondent nos. 1 and 2 would be

forwarding a counter-offer to the proposal made by the petitioner.

It is pointed out by Mr. Roy Chowdhury, Advocate appearing on behalf of

the plaintiff that though this application was heard on 7 August, 2025, the order

passed by the Hon'ble Supreme Court on 4 August, 2025 was not brought to the

attention of this Court. This suggests an ill-motive and an attempt to

unnecessarily procrastinate the hearing of the application.

At the suggestion of the parties and in view of there being no embargo, let

this matter appear on 14 August, 2025 'For Hearing' marked at 2.00 PM.

(RAVI KRISHAN KAPUR, J.)

spal