Calcutta High Court
Saj Food Products Pvt Ltd vs M/S Parle Biscuits Pvt Ltd on 5 July, 2024
OCD-7
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION
ORIGINAL SIDE
[Commercial Division]
IP-COM/16/2024
IA No. GA-COM/1/2024
SAJ FOOD PRODUCTS PVT LTD
VS
M/S PARLE BISCUITS PVT LTD
BEFORE:
The Hon'ble JUSTICE KRISHNA RAO
Date : July 5, 2024.
Appearance:
Debnath Ghosh, Adv.
Mr. Biswaroop Mukherjee, Adv.
Ms. Abhipiya Sarkar, Adv.
... for the plaintiff The Court: Mr. Debnath Ghosh, learned counsel, is appearing for the plaintiff.
Leave under Clause 12 of the Letters Patent Act as well as Order II Rule 2 of the Code of Civil Procedure is granted. As the plaintiff has prayed for urgent relief and this Court is satisfied that if urgent relief is not heard, the plaintiff will be prejudiced. Accordingly, leave under Section 12A of the Commercial Courts Act, 2015 is also granted.
Learned counsel for the plaintiff submits that the plaintiff intends to add one paragraph in the plaint at page 3 after paragraph 7 as paragraph 7A. The proposed averment has been handed over by the learned counsel for the plaintiff. This Court has gone through the 2 proposed averment which the plaintiff intends to add as paragraph 7A in the plaint.
Considered the submission. Perused the proposed averment. The plaintiff is granted leave to add the proposed averment as paragraph 7A at page 3 of the plaint within two days and to reverify and reaffirm the affidavit.
Counsel for the plaintiff submits that as there are defects in GA- COM/1/2024, he prays for leave to withdraw the same with liberty to file afresh on same cause of action.
Considering the submission made by the counsel for the plaintiff, the plaintiff is granted leave to withdraw GA-COM/1/2024 with liberty to file afresh.
Accordingly, GA-COM/1/2024 is dismissed as withdrawn with liberty to file afresh.
(KRISHNA RAO, J.) RS