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2024 DAILYLAW 1799 (CAL)

INDIAN EXPLOSIVES PVT LTD v. IDEAL DETONATORS PVT LTD AND ORS

IP-COM/41/2024 · 2026-05-05

Ravi Krishan Kapur

body2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OCD-8 ORDER SHEET IN THE HIGH COURT AT CALCUTTA ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL SIDE [COMMERCIAL DIVISION] CS-COM/480/2024 [Old No. CS/48/2023] IA No. GA/1/2023 INDIAN EXPLOSIVES PVT LTD -VS- IDEAL DETONATORS PVT LTD AND ORS BEFORE: The Hon'ble JUSTICE KRISHNA RAO Date : June 28, 2024. Appearance : Mr. Subhankar Chakraborty, Adv. Ms. Neelanjana Roy, Adv. …for the plaintiff Mr. Rudraman Bhattacharya, Adv. Mr. Chittopriyo Ghosh, Adv. Mr. A. Gupta, Adv. Mr. Somesh Ghosh, Adv. Mr. Shoham Sanyal, Adv. …for the defendant no.1 Mr. Saptarshi Banerjee, Adv. …for the defendant nos. 2, 6 & 7 The Court: Mr. Subhankar Chakraborty, learned counsel, is appearing for the plaintiff. Mr. Rudraman Bhattacharya, learned counsel, is appearing for the defendant no.1. Mr. Saptarshi Banerjee, learned counsel, is appearing for the defendant nos. 2, 6 & 7. 2 Counsel for the defendant no.1 prays for extension of time to file affidavit-in-opposition. The plaintiff has filed affidavit-in-reply to the affidavit-in- opposition filed by the defendant nos. 2, 6 & 7. Let the same be kept with the record. Counsel for the plaintiff raised objection to the prayer made by the counsel for the defendant no.1 for extension of time to file affidavit-in- opposition and submitted that time granted by the Hon’ble Division Bench for filing affidavit-in-opposition is expired long back but the defendant no.1 chose not to file affidavit-in-opposition. Considering the submission made by the counsel for the respective parties, this Court finds that for the ends of justice one further opportunity should be given to the defendant no.1 to file the affidavit-in- opposition. Let affidavit-in-opposition be filed by the defendant no.1 within a week. Affidavit-in-reply, if any, be filed within a week thereafter. It is made clear that time for filing affidavit-in-opposition with respect of the defendant no.1 is extended as peremptory and if the defendant no.1 fails to file affidavit-in-opposition by the date fixed, no further opportunity will be given to the defendant no.1. Counsel for the plaintiff submits that the interim order granted earlier is going to be expired on 30th June, 2024 and prayed for extension of interim order. 3 In view of the submission made by the counsel for the plaintiff, the interim order granted earlier is extended till 30th July, 2024 or until further orders, whichever is earlier. List the matter on 26th July, 2024 as ‘Adjourned Motion’. (KRISHNA RAO, J.) sp3