Interim Order
at Calcutta High Court (Appellete Side)
8 interim order decisions from Calcutta High Court (Appellete Side).
Interim Order Decisions
8 cases | Page 1 of 1
Gunjan Sinha @ Kanishk Sinha v.Union of India
The appellants filed an appeal challenging a single bench order that had dismissed their writ petition. The original petition questioned the validity (vires) of Section 53 of the Patents Act, 1970. The court admitted the appeal but dismissed the prayer for stay, stating that the statute remains valid until struck down.
Mahindra And Mahindra Limited v.Kanishk Sinha & Ors.
The case involved a suit alleging violation of Patent Rights. The petitioner sought modification/variation of an existing ad interim injunction, citing financial losses and delay in the disposal of interlocutory applications. The court directed the lower court to ensure these pending applications are disposed of expeditiously within six weeks.
Kanishk Sinha & Anr. v.The Union Of India & Anr.
The petitioners challenged an impugned order regarding their patent rights related to electronic eco-friendly battery-operated vehicles. The court addressed arguments concerning the necessity of adding other manufacturers and states as parties, ultimately finding that the limited scope of the petition did not require such additions.
ABP Private Limited & Anr. v.Registrar of Trade Marks, Kolkata & Ors.
The petitioners challenged the Registrar of Trade Marks for allegedly treating several trade mark applications as 'abandoned' without following the prescribed statutory framework under the Trade Marks Act, 1999. The court found that the procedure laid down in Section 132 and Rule 38(4) and (5) was not followed, despite the petitioner sending a reply to the objection.
Sri Bishnupada Biring v.Sri Ardhendu Sekhar Biring
The Calcutta High Court noted a prima facie case raised by the petitioner concerning procedural flaws and patent discrepancies in the commissioner's report. Consequently, the matter was directed to be heard as a contested application. An interim order granting a stay on the impugned order and related proceedings was issued.
Ctr Manufacturing Industries Limited v.The Controller Of Patents And Designs & Ors.
The petitioner filed a writ petition challenging the rejection of its application seeking specific information from the Controller of Patents. The court admitted the petition after hearing counsel for both parties, noting that no interim order was sought at that stage.
Hindustan Unilever Limited v.The Controller Of Patents & Ors.
Hindustan Unilever Limited challenged an order by the Deputy Controller of Patents & Designs which allowed the patentee to submit a reply statement after missing the statutory deadline. The petitioner argued this contravened the Patents Rules, 2003. The Court admitted the petition and stayed further proceedings pending its final hearing.
Besco Limited (Foundry & Rubber Division) v.Controller General of Patents, Designs and Trademarks, Government of India
Besco Limited filed a petition alleging that its application under Section 11B of the Patents Act, 1970 had not been processed by the Controller General of Patents as required by Rule 24B. The petitioner argued that the statutory duty was neglected. The Court admitted the petition but clarified that pendency would not prevent the respondents from taking necessary steps.
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