Calcutta High Court (Appellete Side)
Parle Biscuits Private Limited vs Anmol Industries Limited on 10 August, 2023
10-08-2023
Item no.5,6 & 7
IN THE HIGH COURT AT CALCUTTA
Subrata Civil Appellate Jurisdiction
Bhattacharyya (Commercial Division)
FMAT No.322 of 2023
Parle Biscuits Private Limited
-vs-
Anmol Industries Limited
with
FMAT No.323 of 2023
and
FMAT No.350 of 2023
Mr. Ranjan Bachawat, sr. adv.
Mr. Sayantan Basu, adv.
Mr. Tanmoy Roy, adv.
Mr. Satyaki Mukherjee, adv.
Mr. Deep Bhattacharya, adv. ...for the appellant
Mr. Debnath Ghosh, adv.
Mr. Biswaroop Mukherjee, adv.
Mr. Sudhakar Prasad, adv.
Mr. Pradipta Bose, adv. ...for the respondent
These appeals arise out of a judgement and order dated 12th May 2023, inter alia, granting an ad interim relief in terms of prayer (a) of the petition.
The effect of this order was that the appellant- defendant was restrained from selling its product, namely biscuits. Although learned advocates were prepared to proceed with elaborate arguments, we notice that the returnable date of the application before the learned trial judge is today. We are also told that an extension of time was obtained by the appellant-defendant to file their written objection, but till date it has not been filed.
Accordingly, we direct the appellant-defendant to file their written objection before the learned trial judge by 24th August 2023. The Affidavit-in-reply, if any, may be 2 filed by 4th September 2023. Appropriate directions may be obtained from the learned judge so that the application is heard out immediately thereafter and concluded by 12th October 2023 latest.
The impugned order dated 12th May 2023 shall be subject to complete review by the learned judge of the court below.
It will, however, continue subject to the modification that the appellant-defendant will be at liberty to dispose of its existing stock of biscuits outside Kolkata through joint special officers - Mr Swagata Datta, advocate and member of the Bar Association (m:
7603023251), at a remuneration of 1200 Gms to be paid by the appellant and Mr. Sagnik Bose, advocate (m:
9051643194), at a remuneration of 700 Gms to be paid by the appellant - are so appointed by this court to inventorize the stock and sell it to the knowledge of the parties. The report of the joint special officers may be filed before the learned court below by 31st August 2023.
The appeals and the connected applications are, thus, disposed of.
[I.P. Mukerji, J] [Prasenjit Biswas, J] 3