Sabyasachi Bhattacharyya, J. - (1.) The present application under Article 227 of the Constitution of India is preferred against an order passed by the appellate court, granting stay of operation of an order passed by the court of first instance, dated April 22, 2019, whereby the trial court granted ad interim order of injunction restraining the defendant/opposite party from illegally suspending a Permissive User Agreement (hereinafter referred to as "the PUA") dated May 30, 2014, for a limited period.
(2.) The petitioner, being an operational creditor, entered into the PUA on May 30, 2014 with the opposite party, for the purpose of securing an outstanding amount of Rs.15,31,58,302/- (approximately), due from the opposite party to the petitioner, by granting permission to the petitioner to use a family of marks (trade marks) to the petitioner. Such grant of non-exclusive licence for the said family of marks in all forms, in respect of the goods corresponding to the said mark, was for a duration of twenty-one years from the date of signing and execution of the PUA, or adjustment of the amount equivalent to their dues, whichever was earlier. There was a clause in the said agreement for extension/renewal with the express consent/assent from either party thereto on or immediately before the expiry of the agreement.
(3.) Clause 5 of the PUA provided that royalty of Rs. 75 per ton of production would be adjusted for using the family of marks on half yearly basis.;