Calcutta High Court
Mantu Biri Factory vs North East Biri Factory on 24 June, 2008
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
CS No. 39 of 2003
GA 567 of 2003
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
MANTU BIRI FACTORY
Versus
NORTH EAST BIRI FACTORY
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 24th June, 2008.
Mr. Sayantan Bose, Advocate appears.
The Court :- The defendant is not represented despite notice having been given by the plaintiff and despite the matter having earlier appeared in the warning list. In this suit for infringement an ad interim order was made on February 18,2003 which was continued by an order of March 24, 2003. The subsisting order is in terms of prayers (a), (c) and (d) of the notice of motion.
In view of the defendant not being represented, it is evident that the defendant does not wish to contest the matter. GA 567 of 2003 is disposed of by confirming the subsisting interim order in terms of prayers (a),(c) and (d) of the notice of motion. The plaintiff will be entitled to costs assessed at 300 GMs. 2
Since the plaintiff says that the writ of summons has been served, the defendant will be entitled to file a written statement within four weeks from date; documents should be discovered within three weeks thereafter; inspection forthwith thereupon and the plaintiff will have liberty to pray for early listing of the suit upon completion of all formalities.
Urgent certified photostat copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) skc