Calcutta High Court
Srmb Srijan Pvt Ltd vs Mahesh Agarwal And Ors on 13 June, 2025
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
OIP-18
IN THE HIGH COURT AT CALCUTTA
ORIGINAL SIDE
(Intellectual Property Rights Division)
IP-COM/17/2024
IA NO: GA-COM/1/2024
SRMB SRIJAN PVT LTD
VS
MAHESH AGARWAL AND ORS
BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 13th June, 2025.
Appearance:
Mr. Debnath Ghosh, Sr. Adv.
Mr. Biswaroop Mukherjee, Adv.
Mr. Saptarshi Datta, Adv.
Ms. S. Ghosh, Adv.
Mr. P. Kanti Pal, Adv.
Mr. Debdut Hore, Adv.
The Court: The Report dated 8 April, 2025 filed by the Deputy Sheriff is
taken on record. A copy of the same is furnished to the defendant. By an order
dated 22 May, 2025, this Court had extended the time to file the Written
Statement within the extended 120 day period under Order 8 Rule 1 of the
Code of Civil Procedure, 1908. It is fairly submitted on behalf of the petitioner
that notwithstanding expiry of the mandatory period of 120 days no Written
Statement has been filed till date.
The defendant was statutorily obliged to file the Written Statement by 9
January, 2025. Admittedly, this has not been done.
In view of the mandatory period prescribed under the Commercial Courts
Act, 2015 read with the Code of Civil Procedure, 1908, this Court has no power
to extend the time to file the Written Statement on any ground whatsoever.
2[Order dated 7.2.2023 passed in GA/2/2022, CS/150/2022 Hindustan
Unilever Ltd. vs. Emami Ltd.]
In view of the above, there is no question of condoning the delay in the
Written Statement.
Let this suit appear under the heading for Case Management in the
monthly list of July, 2025.
In the meantime, the plaintiff is directed to take necessary steps in
accordance with law.
(RAVI KRISHAN KAPUR, J.)
SK.