Citation : 2026 Latest Caselaw 2877 Cal/2
Judgement Date : 9 April, 2026
OIPD-2 ORDER SHEET
IA No.GA-COM/3/2026
IN
IP-COM/52/2025
IN THE HIGH COURT AT CALCUTTA
INTELLECTUAL PROPERTY RIGHTS DIVISION
UACI SEEDS & BIOTECH PRIVATE LIMITED
VS.
GG CROP SCIENCE
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 9th April, 2026.
Mr. Prashant Phillips, Ms. Diya Mal, Advocates for the plaintiff
Mr. Shuvasish Sengupta, Mr. Souvik Ghosh, Mr. Arindam Maity, Advocates for the defendant.
The Court : This is an application by the defendant for condoning the
delay in filing the written statement in a suit instituted under the provisions
of the Commercial Courts Act, 2015.
By an order dated 13th February, 2026 passed in GA-COM 1 of 2025
the formal service of Writ of Summons on the defendant was dispensed with
and the defendant was granted liberty to file their written statement within
30 days from 13th February, 2026. The defendant has not been able to file
the written statement within such period and as such, have filed this
application on 8th April, 2026, the Master's Summons whereof was taken
out on 2nd April, 2026.
After considering the explanation for the delay given in the affidavit in
support of the Master's Summons, this Court is satisfied that the defendant
was prevented by sufficient cause for not filing the written statement within
30 days from 13th February, 2026. The delay is condoned. The time to file
the written statement is extended till 21st April, 2026. In the event the
written statement is placed before the department for being filed within the
extended period of time as aforesaid, the department shall accept the same
subject to the written statement being in proper form and order.
Immediately after filing of the written statement, a copy of the written
statement with legible annexures, if any, shall be served on the Advocate for
the plaintiff.
The application is accordingly disposed of.
Since I have not called for any affidavit, the allegations contained in
the application are deemed to have not been admitted by the plaintiff.
(ARINDAM MUKHERJEE, J.)
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