Court : Kolkata
Decided on : Sep-06-2017
ORDER SHEET ALP No.4 of 2017 IN THE HIGH COURT AT CALCUTTA Extra Ordinary Original Civil Jurisdiction ORIGINAL SIDE RAJAT AGARWAL & ANR. Versus QUADRIFIC MEDIA PVT LTD & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 6th September, 2017. Appearance: Mr.Ranjan Bachawat, Sr.Adv.Mr.Debnath Ghosh, Adv.Mr.Shuvashish Sen, Adv.Ms.Arunima Lala Sengupta, Adv.Mr.S.Roy, Adv.Mr.P.Sinha, Adv.Mr.Joydeep Roy, Adv.Mr.A.Chakraborty, Adv.Mr.Arijit Dey, Adv.Mr.Jayanta Kumar Mitra, Sr.Adv.Mr.Tilak Bose, Sr.Adv.Mr.Sayantan Bose, Adv.Mr.M.Singh, Adv.The Court : The plaintiff has filed this application under Clause 13 of the Letters Patent, 1865. The basis of the application appears to be a subsequent suit filed by the Quadrific Media PVT.LTD.against the Rajat Agarwal and Guru Sports Media PVT.LTD.before the District Judge, Alipore being TS No.5 of 2017. Quadrific and Peter are defendant nos.7 and 3 in the High Court suit. Peter was made a proforma defendant in the Alipore suit. The plaintiff has filed a...
Tag this Judgment!Court : Kolkata
Decided on : Aug-28-2017
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION ORIGINAL SIDE The Honble JUSTICE SANJIB BANERJEE And The Honble JUSTICE SIDDHARTHA CHATTOPADHYAY APO No.390 of 2017 GA No.2728 of 2017 In CS No.151 of 2017 DELTA INTERNATIONAL LIMITED & OTHERS -VERSUSSMT. NUPUR MITRA & OTHERS For the Appellants: Mr Ranjan Deb, Sr Adv., Mr Kunal Gupta, Adv., Mr Rohitendra Chandra Deb, Adv., Mr Meghajit Mukherjee, Adv., Ms Shivangi Thard, Adv. Hearing concluded on: August 23, 2017. Date: August 28, 2017. SANJIB BANERJEE, J.: This is one of the rare appeals that has had to be heard and dealt with without reference to the respondents since the respondents had no right of audience at the stage that the order impugned was passed on July 24, 2017 in course of the trial court considering the appellants prayer for granting leave under Clause 12 of the Letters Patent. The leave sought was declined on the ground that the court did not have any jurisdiction to entertain the suit; not on the ground of terr...
Tag this Judgment!Court : Kolkata
Decided on : Jul-13-2017
ORDER SHEET AID No.14 of 2016 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction ORIGINAL SIDE PHILCO INDUSTRIES & ORS.Versus THE DY. CONTROLLER OF PATENTS & DESIGNS & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 13th July, 2017. Appearance: Mr.Gautam Roy, Adv.Ms.S.Ghosh, Adv.for the appellant. Mr.Arunabha Deb, Adv.Ms.Anshumala Bansal, Adv.Mr.Souvik Kundu, Adv.for the respondent no.2. The Court : The appeal is arising out of an order passed by the Deputy Controller of Patents and Designs on 28th June, 2016 in connection with the petition for cancellation of registered design no.205014 filed by the appellant under Section 19 of the Designs Act, 2000. The Deputy Controller has rejected the said application for cancellation of the aforesaid design. The grounds for cancellation taken before the Deputy Controller are: (a) That the design has been published in India or in any other country prior to the date of registration. (b) That the design is not a new or original design. (c) That ...
Tag this Judgment!Court : Kolkata
Decided on : Jul-10-2017
IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A.No.1492 of 2017 With AID No.3 of 2016 T.K.SHAWAL INDUSTRIES PVT.LTD.versus CONTROLLER OF PATENTS AND DESIGNS & ORS.For the Petitioner : Mr.Mr.Mr.Mr.Rudraman Bhattacharya, Adv., Soumen Mohanty, Adv., Sourajit Dasgupta, Adv., Yash Vardhan Deora, Adv.For the Respondents : Mr.Kamal Kishore Arora, Adv., Mr.Gaurav Arora, Adv., Mr.Himanshu Arora, Adv.Hearing Concluded On : 29.06.2017 Judgment On : 10th July, 2017 Soumen Sen, J.:- The appeal is arising out of an order passed by the Deputy Controller of Patents and Designs on 20th January, 2016 in connection with a petition for cancellation of registered Design No.252082 filed on 12th February, 2014 under Section 19 of the Designs Act, 2000 by T.K.Shawal Industries PVT.Ltd., the appellant herein. The Deputy Controller has rejected the said application for cancellation of the aforesaid design. The grounds for cancellation taken before the D...
Tag this Judgment!Court : Kolkata
Decided on : Apr-11-2017
GA3382of 2016 CS252of 2016 ITC LTD. Versus IRINJALAKUDA TOWN CO-OPERATIVE BANK LTD. & ORS. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :11. h April, 2017. Appearance: Mr.S.N.Mookerjee, Sr. Adv. Mr.Debnath Ghosh, Adv. Mr.Sayan Roy Chowdhury, Adv. Mr.Soumya Sen, Adv. Mr.P.Sinha, Adv. Mr.M.Mukherjee, Adv. Mr.J.Roy, Adv. Mr.Ayan De, Adv. ..for the plaintiff. Mr.Rajeev Kumar Jain, Adv. Mr.Piyush Kumar Roy, Adv. Ms.Subika Paul, Adv. ..for the respondents. The Court: This is an application for revocation of leave under Clause 12 of the Letters Patent filed by the respondents in a suit for infringement and passing off action. The plaintiff has filed a composite suit of passing off an injunction. The defendant no.1 carries on banking business in a nondescript town in Kerala. The defendant no.1 seeks to use the name of the town as part of its business name. The part of the matter which is of relevance is the abbreviation of the name of the respondent no.1 namely, the first letter of the three ke...
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Decided on : Mar-24-2017
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side A.P.No.1038 of 2016 Saraf Agencies PVT.LTD.& Anr. versus Federal Agencies For State Property Management & Anr. For the petitioners:- Mr.Jishnu Saha..Sr.Adv Mr.Ishan Saha Ms.Riti Basu Advocates For the Respondents:- Mr.Ratnanko Banerjee, Sr.Adv.MRS.Ritu Valla Mr.M.Manukrishnan Ms.Prapa Ganguly Advocates Judgement On: - 24th March, 2017 I.P.MUKERJI, J. In this application, under Section 34 of the Arbitration and Conciliation Act, 1996, an interim arbitral award made on 14th October, 2016 is challenged. It was made and published by a panel of three very distinguished Judges of our country, Justice S.C.Agrawal, Justice D.P.Wadhwa and Justice S.B.Sinha. The claimants /petitioners were directed to pay a sum of Rs.135,16,92,947.73 to the account of TPPL within one month from the date of the award, failing which they would have to pay interest @ 24% p.a.from the date of the interim award till the date of payment. ...
Tag this Judgment!Court : Kolkata
Decided on : Mar-06-2017
IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN AID No.10 of 2016 ITC LIMITED VS. THE CONTROLLER OF PATENTS AND DESIGNS & ORS. For the Petitioner : Mr. S.N. Mookherjee, Sr. Adv., Mr. Ranjan Bachawat, Sr. Adv., Mr. Sayan Roy Chowdhury, Adv., Mr. Shaunak Mitra, Adv., Mr. Paritosh Sinha, Adv., Ms. Mitul Das Gupta, Adv., Ms. Sreemoyee Roy Chowdhury, Adv., Mr. K.K. Pandey, Adv., Ms. Aparna Banerjee, Adv., Mr. Debayan Ghosh, Adv., For the Respondent No.3 : Mr. Abhrajit Mitra, Sr. Adv., Ms. Rajshree Kajaria, Adv., Mr. Satadeep Bhattacharya, Adv., Ms. V. Mohini, Adv., Ms. Jasmine Malik, Adv, For the Respondent Nos.1 & 2 : Mr. Rabi Prasad Mookerjee, Adv. Heard On :09. 12.2016, 16.12.2016, 20.12.2016, 21.12.2016, 23.12.2016. Judgment On :6. h March, 2017 Soumen Sen, J.:- This is an appeal under Section 36 of the Designs Act, 2000 from a decision of the Deputy Controller of Patents and Designs on 14th June, 2016 in respect of an application f...
Tag this Judgment!Court : Kolkata
Decided on : Feb-16-2017
AID No.4 of 2013 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE ATUL NARSIBHAI PATEL VERSUS ASSISTANT CONTROLLER OF PATENTS AND DESIGNS & ANR. BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date :16. h February, 2017. Appearance: Mr. Suvasish Sengupta, Adv. Ms. Sanchalita Sarkar, Adv. Mr. Rabi Prosad Mookerjee, Adv. The Court: The instant appeal is arising out of an order dated 12th March, 2013 passed by the Learned Assistant Controller of Patent and Design whereby the registration of the Design being no.211639 in class 09-07 under the Designs allowed the Act, 2000 was application for cancelled. The Assistant Controller cancellation of all the impugned design on a finding being arrived at that the registered design no.211639 dated 7th August, 2007 is not significantly distinguishable from designs and thereby not new or original. combination of known In other words, the cancellation was allowed in view of Section 4 (C) of the Designs Act, 2000. The subject matter of dispute before the Assistant Co...
Tag this Judgment!Court : Kolkata
Decided on : Jan-17-2017
IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN AID No.3 of 2013 ATUL NARSIBHAI PATEL VS. THE ASSISTANT CONTROLLER OF PATENTS & DESINGS & ORS. For the Petitioner : Mr. Gautam Roy, Adv., Smt. S. Ghosh, Adv. For the Respondent No.1 : Mr. R.P. Mookherjee, Adv. Heard On :11. 11.16, 16.12.2016, 06.01.2017 Judgment On :17. h January, 2017 Soumen Sen, J.:- Apparent conflicting decisions of the respondent No.1 concerning the designs of the petitioner in respect of a seal has given rise to this appeal. Two separate applications for cancellation of the same design, namely, Design No.200628 under Class 09-07 registered on 2nd August, 2005 for the article Seal for packaging in the name of Patel Brothers were heard by the same controller on two different dates, namely, 29th May, 2012 and 24th September, 2012, respectively. The application filed by Ganesh Plastic Industries for cancellation of the said registered design was heard on 29th May, 20...
Tag this Judgment!Court : Kolkata
Decided on : Sep-05-2017
IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE BEFORE: THE HONBLE JUSTICE SOUMEN SEN G.A.No.1919 of 2017 G.A.No.1705 of 2017 G.A.2282 of 2017 C.S.No.113 of 2017 SESA INTERNATIONAL LIMITED versus AVANI PROJECTS & INFRASTRUCTURE LIMITED & ORS.AND RELIANCE COMMERCIAL FINANCE LTD.For the Petitioner/Plaintiff : Mr.Anindya Kumar Mitra, Sr.Adv., Mr.Ajay Krishna Chatterjee, Sr.Adv., Mr.Abhrajit Mitra, Sr.Adv., Mr.V.N.Dwivedi, Adv., Mr.Argha Jena, Adv., Ms.Jayanti Char, Adv.For the Defendant No.2 : Mr.Mr.Mr.Mr.For the Respondents : Mr.Jishnu Saha, Sr.Adv., Mr.Anirban Kr. Ray, Adv.For Reliance Commercial Finance : Mr.Tilak Kr. Bose, Sr.Adv., Mr.Ravi Kapur, Adv., Mr.A.Kanodia, Adv.Hearing Concluded On : 17.08.2017 Judgment On : 5th September, 2017 Soumen Sen, J:- S.K.Kapoor, Sr.Adv., Ranjan Bachawat, Sr.Adv., Vikas Tewary, Adv.Sanket Saraogi, Adv.The three applications filed by the plaintiff, the defendant No.2 and Reliance Commercial Finance LTD.are disposed of ...
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