Authority: High Court at Calcutta, Intellectual Property Rights Appellate Division
Order Date: 21 September 2026
Case Overview
- Parties: Appellant – Aditya Birla Lifestyle Brands Limited; Respondent – Khadim India Limited.
- The appellant sought permission to withdraw the pending appeal (TEMPAPO‑IPD/5/2026 IA No. GA‑COM/1/2026) and to file a fresh appeal on the same cause of action, citing errors in the certified copy of the impugned order.
- The bench comprised Justice DebangsU Basak and Justice Aryak Dutt.
- The appellant’s counsel, led by Senior Advocate Rudraman Bhattacharya and others, argued that the certified copy contained inaccuracies that could prejudice the appeal.
Final Outcome
- The Court granted the appellant’s request to withdraw the existing appeal and to re‑file a fresh appeal on the same cause of action.
- The leave is conditioned upon the appellant paying costs of Rs 1,00,000 to the West Bengal State Legal Services Authority, Kolkata.
- The appellant must furnish documentary evidence of such payment together with the new appeal filing.
Topics: Legal Proceedings, Intellectual Property