Citation : 2025 Latest Caselaw 1587 Cal/2
Judgement Date : 20 May, 2025
OIPD-7
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
(Intellectual Property Rights Division)
IA NO. GA-COM/1/2025
In IPDTMA/14/2024
DUNLOP INTERNATIONAL LIMITED
Vs
GLORIOUS INVESTMENT LIMITED AND ANR.
Before:
The Hon'ble Justice RAVI KRISHAN KAPUR
Date: 20th May 2025
Appearance:
Mr. Debnath Ghosh, Sr. Adv.
Mr. Biswaroop Mukherjee, Adv.
Ms. Mini Agarwal, Adv.
...for appellant.
Mr. Siddhartha Datta, Adv.
Mr. Siddharth Dey, Adv.
Mre. Chetan Kabra, Adv.
...for respondent no. 1
Mrs. S. Gupta, Adv.
...for respondent no. 2.
The Court: This is an application seeking rejection of the Written Notes of
Submissions filed on behalf of the appellant. Significantly, this application was
filed on 8 April, 2025 and was due to appear on 25 April, 2025. Neither the
applicant nor the respondent had taken any steps to mention the matter and the
application was simply left pending.
The primary ground in this application is the allegation that by filing such
Notes of Submissions, the appellant has tried to smuggle in facts which were not
argued during the course of hearing nor did the same form the subject matter of
the appeal or argued.
Mr. Ghosh, Senior Advocate appearing on behalf of the appellant submits
that, the contents of the Notes of Arguments have been dealt with by the applicant
and that there is nothing which has been inserted in the Notes which has not been
pleaded.
In view of the fact that the hearing of the matter has already concluded and
the judgment is reserved, this application is dismissed being premature.
With the above directions, GA-COM/1/2025 stands disposed of.
(RAVI KRISHAN KAPUR, J.)
SK.
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