Automatiche A C M A S P A vs The Controller Of Patents And Designs
2025 Latest Caselaw 175 Cal/2

Calcutta High Court

Automatiche A C M A S P A vs The Controller Of Patents And Designs on 14 May, 2025

Author: Arijit Banerjee

Bench: Arijit Banerjee

OCD-3
                      IN THE HIGH COURT AT CALCUTTA
                          Civil Appellate Jurisdiction
                                 ORIGINAL SIDE
                           (COMMERCIAL DIVISION)

                            TEMPAPO-IPD/3/2025
                   IA NO: GA-COM/1/2025, GA-COM/2/2025

                  M/S AZIONARIA COSTRUZIONI MACCHINE
                       AUTOMATICHE A C M A S P A
                                  VS
                THE CONTROLLER OF PATENTS AND DESIGNS
                                AND ANR


  BEFORE:
  The Hon'ble JUSTICE ARIJIT BANERJEE
                      AND
  The Hon'ble JUSTICE OM NARAYAN RAI
  Date : May 14, 2025.


                                                                      Appearance :
                                                  Mr. Rudraman Bhattacharya, Sr. Adv.
                                                             Mr. Ritoban Sarkar, Adv.
                                                            Mr. Rachit Lakhmani, Adv.
                                                              Mr. Piyush Kumar, Adv.
                                                                Mr. Avishek Das, Adv.
                                                                   ...for the petitioner.

                                                              Mr. Sunil Singhania, Adv.
                                                                    Ms. Priti Jain, Adv.
                                                                 ...for the respondents.

The Court: Re: GA-COM No. 1 of 2025: There is a delay of 120 days

in presenting the appeal as noted by the Assistant Registrar, High Court,

Original Side, Calcutta. Causes shown being sufficient, we condone the

delay.

Accordingly, GA-COM No. 1 of 2025 is disposed of.

Re: TEMPAPO-IPD No. 3 of 2025 with GA COM/2/2025:

This appeal is directed against a judgment and order dated November

25, 2024, whereby the application for condonation of delay filed by the

present appellant in connection with an appeal against an order rejecting its

application for patent, has been dismissed by the learned Single Judge.

Mr. Bhattacharya, learned senior counsel appearing for the appellant

says that there is an error apparent on the face of the order impugned.

However, he, on instruction, prays for leave to withdraw the appeal with

liberty to approach the learned Single Judge with an appropriate

application.

We grant such leave. The appeal and the connected application being

GA-COM No. 2 of 2025 are dismissed as withdrawn with liberty to the

appellant to approach the learned Single Judge with an appropriate

application, in accordance with law.

(ARIJIT BANERJEE, J.)

(OM NARAYAN RAI, J.)

KB AR (CR)