Calcutta High Court
M/S. Sambhu Nath & Brothers & Ors vs Jai Rajendra Impex Pvt. Ltd. & Ors on 21 December, 2010
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
GA No. 1946 of 2010
GA NO.1763 OF 2010
GA NO.2792 OF 2010
CS No. 133 of 2010
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
M/S. SAMBHU NATH & BROTHERS & ORS.
Versus
JAI RAJENDRA IMPEX PVT. LTD. & ORS.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 21st December, 2010.
Appearance:
Mr. Gautam Chakraborty, Sr. Adv.
Mr. S. Talukdar, Sr. Adv.
Mr. Joy Saha, Adv.
The Court : Requests have now been made on all sides for additional affidavits to be filed. The plaintiff says that the plaintiff caused an investigation to be made as to the existence of the transferors of the mark under whom the first defendant claims. The plaintiffs have caused affidavits to be affirmed by persons who were entrusted with the task of investigation. Liberty is given to the plaintiff to file such affidavits. The first defendant will be entitled to deal with such affidavits filed today. It will also be open to the first defendant to deal with the additional documents disclosed in the affidavit-in-reply 2 filed by the plaintiff in the plaintiff's injunction application. The first defendant's affidavit should be filed within a week after the reopening of Court following the Christmas vacation.
The fourth defendant says that the first defendant has cast aspersions on the fourth defendant's conduct. The fourth defendant seeks to vindicate its stand by relying on its documents evidencing sale of fans, other than to the plaintiff, from out of the 16 sets of fans that it had acquired from the third defendant in Raxaul. The fourth defendant is permitted to rely on the relevant documents without using any further affidavit. Copies of such documents should be made over to the plaintiff and the first defendant in course of this week.
Let the matter appear in the monthly list of February, 2011. Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) bp.
A.R(C.R)