Calcutta High Court
Baazar Retail Pvt Ltd vs Dinanath Yadav And Anr on 22 July, 2024
ODC-23
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
IPDTMA/3/2024
[OLD NO TMA/4/2022]
BAAZAR RETAIL PVT LTD
VS
DINANATH YADAV AND ANR
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : 22nd July, 2024
Appearance:
Mr. Rajeev Kr. Jain, Adv.
Mr. Abhirup Chakraborty, Adv.
Ms. Sreyasi Chatterjee, Adv.
... for the appellant.
Mr. Steven S. Biswas, Adv.
Mr. Abhiroop Dhar, Adv.
...for the respondent no.1
Mr. Nandlal Singhania, Adv.
... for the respondent no.2 The Court:- Mr. Rajeev Rajeev Kr. Jain appearing for the appellant. Mr. Abhiroop Dhar appearing for the respondent no. 1. Mr. Nandlal Singhania appearing for the respondent no. 2.
The appellant has filed the present appeal against the order dated 12th August, 2016 passed by the respondent no. 2. In the prayer, the appellant has prayed for condoning the delay of 1942 days for preferring the instant appeal. Learned Counsel for the appellant submits that though the appellant has prayed for condoning the delay but in terms of Section 91 of the Trade Marks Act, 1999 there cannot be any delay as till date the order has not been communicated to the appellant. Counsel for the appellant has also draws the attention of this Court to the order dated 16th March, 2023 wherein this Court held that the respondents have been unable to demonstrate that the impugned order was communicated to either of the parties of the respondents. This Court directed 2 the respondents to take instructions whether the impugned order was ever communicated to the parties. After going through the order dated 16th March, 2023, it was specific query was made from the Counsel for the respondent no. 2 but it was informed that the order dated 16th March, 2023 has not been complied with and prays for two weeks time to file affidavit in opposition to justify the stand of the respondent no. 2 that the copy of the impugned order was communicated to the appellant. In view of the submissions made on behalf of the respondent no. 2 the case is adjourned till 9th August, 2024.
In the meantime, the respondent no. 2 is directed to file affidavit disclosing the date when the impugned order was communicated to the appellant.
(KRISHNA RAO, J.) SK.