Sahidullah Munshi, J. - (1.) This is an application being GA No.3487 of 2017 filed by the petitioner. Despite service of notice of motion, no one appears to oppose the application. Leave is granted to correct the prayers. This is an application praying for amendment of the plaint. The proposed amendment has been shown in purple ink in Annexure F at page 52.
(2.) The instant suit was filed by Biswanath Sharma, Prabhu Nath Sharma, Sheo Shankar Sharma and Om Nath Sharma as partners of chemical works. The said partnership concern along with the partners being eligible converted into joint stock company. All assets including the actionable claim of the partnership stood vested in the petitioner. Accordingly, the cause papers of the instant suit were amended.
(3.) After filing of the instant suit, the predecessor in interest of the petitioner filed an application for removal of the mark bearing no.227043B under the provisions of Sections 46 and 56 of the Trade and Merchandise Marks Act, 1958 being A.T.M. No.2107 of 1992 wherein Chintamani Karmakar the original defendant no.1 and the present defendant no.1 were arrayed as parties. Upon contested hearing of the aforesaid application and the appeal arose therefrom, by an order dated August 5, 206 the Division Bench of this Court was pleased to allow the said application.;