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Calcutta High CourtIPDATM/155/2023dismissed for default

Amina Limited (Ora/198/2014/Tm/Kol) v. Shalimar Chemical Works Ltd. And ANR

2023-09-06Hon'Ble Justice Arindam Mukherjee2 pages

OCD-1 to 7 ORDER SHEET

IN THE HIGH COURT AT CALCUTTA

ORIGINAL SIDE (COMMERCIAL DIVISION) IPDATM/77/2023 AMINA LIMITED VS.

SHALIMAR CHEMICAL WORKS LIMITED & ANR.

IPDATM/89/2023 AMINA LIMITED VS.

SHALIMAR CHEMICAL WORKS LIMITED & ANR.

IPDATM/91/2023 AMINA LIMITED VS.

SHALIMAR CHEMICAL WORKS LIMITED & ANR.

IPDATM/155/2023 AMINA LIMITED VS.

SHALIMAR CHEMICAL WORKS LIMITED & ANR.

IPDATM/181/2023 AMINA LIMITED VS.

SHALIMAR CHEMICAL WORKS LIMITED & ANR.

IPDATM/221/2023 AMINA LIMITED VS.

SHALIMAR CHEMICAL WORKS LIMITED & ANR.

IPDATM/266/2023 AMINA LIMITED VS.

SHALIMAR CHEMICAL WORKS LIMITED & ANR.

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date: 6th September, 2023.

Mr. Sayantan Basu, Mr. Kavach Kashyap, Ms. Shayana Singhal, Advocates for respondent no.1.

The Court : It appears that in this bunch of applications being IPDATM 77 of 2023, IPDATM 89 of 2023, IPDATM 91 of 2023, IPDATM 155 of 2023, IPDATM 181 of 2023, IPDATM 221 of 2023 and IPDATM 266 of 2023, the Commercial Appellate Division was directed to serve notice upon the parties as these applications were received upon transfer from Intellectual Property Appellate Board (IPAB) pursuant to the enactment of Tribunal Reforms Act, 2021.

These applications appeared in the list on 1st September, 2023. On being mentioned by the respondent no.1 in all these rectification applications, the matters have been brought in the list today. No one appears on behalf of the petitioner. No one has applied to represent the petitioner through virtual mode. It appears that the petitioner is not interested to proceed with the matters despite being made known through an administrative notice and also by notices given by the respondent no.1. Although there is no separate notice for each of the petitions but a composite notice has been served by the respondent no. 1. An affidavit of service filed in Court today in IPDATM 266 of 2023 is taken on record. The affidavit of service filed by the respondent no.1 also demonstrates receipt of notice issued by the respondent no.1. The applications being IPDATM 77 of 2023, IPDATM 89 of 2023, IPDATM 91 of 2023, IPDATM 155 of 2023, IPDATM 181 of 2023, IPDATM 221 of 2023 and IPDATM 266 of 2023 are dismissed for default. (ARINDAM MUKHERJEE, J.) pa