IN THE HIGH COURT OF JHARKHAND AT RANCHI A.C. (DB) No. 01 of 2025 ------

M/S. SAMRIDDHI AGRO FOODS PRIVATE LIMITED, A Company within the meaning of the Companies Act, 2013, having its registered office at Unit no. 302, 3rd Floor, Jokhiram, Chmabers, Jokhiram Lane, Main Road, P.O. G.P.O., P.S. Malar, District-Ranchi through its Director, Mr. Rishu Chirania, Rishu Chirania, Son of Shri Laxmi Narayan Agarwal, aged about 46 years, resident of Flat No. 4B, Suryamani Complex, Shradha Nand Road, Upper Bazar, Ranchi G.P.O., P.O.- G.P.O, P.S.- Kotwali, Ranchi, Jharkhand.

... Appellant/Respondent Versus

1. M/S. SAMRIDDHI RICE MILL PRIVATE LIMITED, a Company within the meaning of the Companies Act, 2013, having its registered office at Unit No. 302, 3rd Floor, JokhiramChambers, Jokhiram Lane, Main Road, P.O. G.P.O., P.S.-Kotwali, District- Ranchi through its Director, namely, Anand Sekhsaria, aged about 42 years, son of Late Binod Kumar Sekhsaria, resident of Main Road, Purana Bazar, Chakulia, P.O. & P.S.- Chakulia, District- East Singhbhum, Jharkhand. ... Respondent/Appellant/Objector

2. The Controller General of Patents, Designs and Trade Marks, having office at Boudhik Sampada Bhawan, S.M. Road, Antop Hill, P.O. & P.S.-

Antop Hill, District- Mumbai.

3. The Registrar of Copyrights, Copyright Office, Boudhik Sampada Bhawan, Plot No. 32, Sector-14, Dwarka, P.O. & P.S.- Dwarka, District-

New Delhi.

4. The Deputy Registrar of Copyrights, Copyright Office, Boudhik Sampada Bhawan, Plot No. 32, Sector-14, Dwarka, P.O. & P.S.-Dwarka, District-

New Delhi.

5. Senior Examiner of Trade Marks, Trade Marks Registry, having his office at Intellectual Property Bhavan Beside Antop Hill Post Office, P.O. & P.S.-

Antop Hill, District-Mumbai, Maharashtra.

6. Dinman Polypacks Private Limited, a company within the meaning of the Companies Act, 2013, through its Director, having its registered office at Suite No. 406, Vardan, 25A, CamacStreet, P.O. & P.S.- Camac Street, District, Kolkata, West Bengal.

... Proforma Respondents/Respondents CORAM : HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE ARUN KUMAR RAI ------

For the Appellant : Mr. Nitin Kumar Pasari, Advocate For the Resp. 1 : Mr. Rajeev Kumar Jain, Advocate : Mr. Vipul Poddar, Advocate : Ms. Yamini Mahawar, Advocate : Mrs. Sugandha Jaiswal, Advocate ------

08/Dated: 16^th December, 2025 Per Sujit Narayan Prasad, J.:

Prayer:

1. The instant appeal has been filed under the provision of Section

72(3) of the Copyrights Act, 1957 (hereinafter referred as Act, 1957) challenging the order passed by learned Single Judge dated

30.04.2025 whereby and whereunder the learned Single Judge has held that appeal arising out of the Copy Rights Act, 1957 under section 72 thereof, is maintainable before this Court and further order dated 25.06.2025 has also been challenged by which the delay of 506 days in filing the appeal has been condoned by the learned single Judge.

2. At the outset, it needs to refer herein that it is evident from the order dated 15.10.2025 passed by this Court that the learned counsel for the appellant has submitted that he is not questioning the jurisdiction, which has been exercised by this Court holding the appeal [M.A. No. 316 of 2024] to be maintainable vide order dated 30.04.2025.

Factual Matrix:

3. The appeal, although is against the judgment passed by the learned Single Judge, condoning the delay of 506 days, but even then, this Court is of the view that the facts, in brief, on merit needs to be referred herein, which reads as under:

It is a case where the Respondent no.1 herein (Appellant)

had preferred the Miscellaneous Appeal as against the order dated 03.01.2023, passed by Ld. Deputy Registrar of Copyrights, in Diary no.3188/2022-C.O./A., which came to be filed after the delay of 506 days and was registered as M.A. No. 316 of 2024.

After the Stamp Reporting was carried out by the Registry of this Hon'ble Court, a defect was pointed out that the appeal is barred by 506 days and for which, the respo