Citation : 2026 Latest Caselaw 144 Cal/2
Judgement Date : 19 January, 2026
OCD-7
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
(COMERCIAL DIVISION)
ORIGINAL SIDE
TEMPAPO-IPD/15/2025
IA NO: GA-COM/1/2025
PARUL RUPARELIA AND ANR
VS
CAMME WANG AND ANR
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
AND
The Hon'ble JUSTICE MD. SHABBAR RASHIDI
Date : January 19, 2026.
Appearance:
Mr. Ranjan Bachawat, Sr. Adv.
Mr. Rudraman Bhattacharya, Sr. Adv.
Mr. Sourajit Dasgupta, Adv.
Mr. Victor Dutta, Adv.
Mr. Dhruv Chaddha, Adv.
...for the appellants.
Mr. Syed E. Huda, Adv.
Mr. Sk. Aptabuddin, Adv.
Ms. A. Khatoon, Adv.
...for the respondents.
The Court: Appeal is directed against the judgment and order dated
December 5, 2025 passed in a suit for infringement and passing off.
The appellants before us are the plaintiffs in the suit for infringement
and passing off.
Learned Senior Advocate appearing for the appellants submits that there
subsisted an interim order in the suit in excess of a year till the time it stood
vacated on contested hearing of the injunction petition. He submits that,
during the pendency of the appeal, the subsisting interim order should be
restored.
Learned Advocate appearing for the respondents submits that, a copy of
the stay petition or the Memorandum of Appeal was not served upon his client
or to the present Advocate-on-record.
In response, it is submitted on behalf of the appellants that, the
erstwhile Advocate-on-record was sought to be served when service was
refused. Cause papers were transmitted by an electronic mail.
Be that as it may, since, the appellants as the plaintiffs were enjoying an
interim order for a considerable period of time and since, the interim order
stood vacated by the impugned judgment and order, it would be appropriate to
restore the interim order subsisting in the suit till it was vacated, for some
period of time.
Therefore, the initial interim order passed in the suit on January 31,
2025 is restored for a period till February 28, 2026 or until further orders,
whichever is earlier.
The appellants will prepare informal paper books incorporating all papers
used before the learned Single Judge. Appellant will serve a copy of such
informal paper books upon the respondents.
Notice of appeal is waived on behalf of the respondents.
List the appeal on January 27, 2026.
(DEBANGSU BASAK, J.)
(MD. SHABBAR RASHIDI, J.)
KB AR (CR)
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