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Calcutta High CourtFMAT-IPD/2/2025disposed

Anirban Das v. Bapi Das

2025-11-12Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

12.11.2025 Item No.1 Ct. No.37 CHC (Bench ID 266362) FMAT-IPD/2/2025 IA NO: CAN/1/2025 Anirban Das Vs.

Bapi Das Mr. Debnath Ghosh, Senior Advocate Mr. Sarosij Dasgupta, Advocate Mr. Gautam Kumar Ray, Advocate Mr. Gopal Das, Advocate Mr. T. K. Jana, Advocate Mr. Sourav Jana, Advocate Mr. Biswaroop Mukherjee, Advocate ...for the appellant Mr. Sayantan Basu, Senior Advocate Mr. K. Kashyap, Advocate Ms. Sagarika Dhar, Advocate Mr. D. Bhattacharlya, Advocate ...for the respondent

1. Appeal is at the behest of the defendant against an ex parte ad interim order of injunction dated September 22, 2025, passed by the learned Judge, Commercial Court, at Rajarhat, North 24 Parganas.

2. The impugned order was passed on September 22, 2025. Learned Judge, considered the materials placed on record. Learned Judge expressed view that, a prima facie case with regard to passing off made out by the plaintiff and granted an ex parte ad interim order of injunction. The injunction petition was made returnable on November 1, 2025.

3. We enquired from the learned Advocates for the parties that, whether, written objection was filed by the appellant or not.

4. We are informed that, on November 1, 2025, being the returnable date of the injunction petition, the appellant and the defendant appeared before the learned Court and sought time to file its written objection.

5. It appears that, the disputes inter se are between the two family members. They are related as father and son.

6. We are not minded to interfere at the ad interim stage, as impugned order cannot be said to be perverse.

7. We keep all points raised by the parties open.

8. FMAT-IPD/2/2025 along with connected application are disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)