Citation : 2026 Latest Caselaw 2208 Cal/2
Judgement Date : 23 March, 2026
OIPD-1
ORDER SHEET
IA No.GA-COM/1/2025
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: 23rd March, 2026.
Mr. Prashant Phillips, Advocate for the
plaintiff/petitioner.
Mr. Shuvasish Sengupta, Mr. Bhavesh Garodia, Mr. Souvik Ghosh, Mr.
Arindam Maity, Advocates for defendant/respondent.
The Court : By an order dated 16th February, 2026 Surya Seed
Lab/NSURYA Seed Lab having their office at Hyderabad was appointed to
file a report as to whether two products, i.e., the registered product and the
impugned product are similar or not. It appears that NSurya Seed Lab LLP
has conducted the test as directed and have on 12th March, 2026 forwarded
a copy of the report to Dr. Surajit Chanda, Senior Breeder - Paddy, UACI
Seeds & Biotech Private Limited, Kolkata - 700026. A copy of the said
report downloaded along with the electronic mail and the attachments sent
by NSurya Seed Lab LLP to the plaintiff is placed before the Court. A
downloaded copy of the report has also been forwarded to the defendant by
the plaintiff. There is no dispute that a downloaded copy of the report placed
before the Court is not the report prepared by NSurya Seed Lab LLP or is
not in accordance with the direction given in the order dated 16th February,
2026. The defendant intends to take exception to this report.
The downloaded copy of the report placed before the Court is taken on
record for the time being and NSurya Seed Lab LLP is directed to send the
original report duly signed by the Director in all pages thereof to the
Registrar, Original Side, High Court at Calcutta in a sealed envelope so that
the original report can be placed before the Court on the next date.
The defendant is permitted to take exception on the basis of the
downloaded copy of the report served on them. Let such exception be filed
by 16th April, 2026. Rejoinder to the exception be filed by 30th April, 2026.
Let this matter appear in the monthly list of May, 2026.
The plaintiff and the defendant shall communicate this order to
NSurya Seed Lab LLP having its office at Flat No.-302, VSS Nandadeep
Apartment, Beside Suraksha Hospital, Petbasheerabad, Hyderabad,
Telengana, Pin - 500055 so that the said entity can forward the original
report in a sealed envelope to the Registrar, Original Side of this Court as
directed in this order.
(ARINDAM MUKHERJEE, J.)
pa
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!