Tax Keeda

……

CORAM : SARANG V. KOTWAL, J
(VACATION COURT)

DATED : 21st MAY, 2019.

P.C. :

1) The applicant is seeking anticipatory bail in

connection with C.R. No. I-70 of 2019 registered at Kamothe

Police Station on 30-04-2019 under Section 324, 144, 147, 148,

149 of the Indian Penal Code and under Section 37 (1) C and 135

of the Maharashtra Police Act. During investigation even Section

307 of the Indian Penal Code is added.

Mr. J. P. Yagnik, APP for the Respondent – State.

……

CORAM : SARANG V. KOTWAL, J
(VACATION COURT)

DATED : 21st MAY, 2019.

P.C. :

1) The applicant is apprehending his arrest and therefore

seeking Anticipatory bail in connection with C.R. No. 96 of 2019

registered at Nigadi Police Station, District Pune under Sections

406, 420, 465, 467, 468, 469, 471 of IPC.

2) The applicant’s Anticipatory Bail Application was rejected

by the Additional Sessions Judge Pune, vide his order dated

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07.05.2019. Further, the ad-interim protection which was granted

to him was extended till 20.05.2019. Today when matter was

called out the investigating officer is not present to give

instructions to the Learned APP. The order passed by the Sessions

Court also indicates that the investigating officer was not present

before that Court during the hearing of the Anticipatory Bail

Application. To put it mildly, the attitude of investigating officer

is not proper. However, to give one more chance to the

investigating officer, to remain present with the investigating

papers, the matter is adjourned to 27.05.2019. The interim

protection granted by Additional Sessions Judge, Pune is

extended till 27.05.2019. It is made clear that if the investigating

officer does not remain present before this Court then the Court

may consider taking stern action against the investigating officer.

2. The interim order shall operate till 14/06/2019.

3. Stand over to 14/06/2019.

(SARANG V. KOTWAL, J.)

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1. The Applicant is seeking he anticipatory bail in

connection with C.R.No.180/19 Waliv Police Station, District-

Palghar u/s 420, 465, 467, 468, 471 r/w 34 of the Indian

Penal code and u/s 3 and 4 of the MPID Act, 1999 and u/s 3,

4 and 13 of MOFA Act, 1963.

2. At the very outset the learned Counsel for the

Applicant submitted that the applicant’s Anticipatory Bail

Application No.352/19 is pending before the learned

Additional Sessions Judge-1, Vasai. Ad-interim prayer for

anticipatory bail was rejected by the learned Additional

Nesarikar

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Sessions Judge vide his order dated 08/04/2019 and since the

matter was getting adjourned from time to time, the applicant

approached this Court for relief of anticipatory bail. This court

(Coram: R.I. Chagla, J.) vide order dated 08/05/2019 granted

interim protection to the applicant till today. The learned

Counsel for the Applicant submits that the interim protection

granted by this Court earlier vide order dated 08/05/2019 be

further extended, so that in case of any adverse order passed

by the Sessions Court, he can approach this Court on merits.

1. Heard the Learned Advocates appearing for the parties and the following Order

is passed, by consent :-

i. Leave under Clause XIV of the Letters Patent Act is granted.

ii. The above Suit is decreed in terms of prayer Clauses (a), (b) and (c), which are

reproduced hereunder :

(a) the Defendant by itself, its directors, servants, agents, stockists,
distributors, dealers and all persons claiming through it be restrained by an
order and perpetual injunction of this Hon’ble Court from infringing the

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Plaintiff’s copyright subsisting in the artistic work comprised in the said artistic
packaging /trade dress at Exhibit “C” hereto by reproducing, printing,
publishing, using and/or communicating to the public the impugned
packaging /trade dress at Exhibit “H” hereto or any other work / packaging /
trade dress which is an imitation and/or reproduction of the artistic work
comprised in the Plaintiff’s said artistic packaging /trade dress at Exhibit “C”
hereto or substantial part thereof or in any other manner whatsoever.

1. On 14th May, 2019, this Court passed the following order :

1. The learned Advocate appearing for the Plaintiffs on instructions states
that the Proprietor of the Defendant has phoned the representative of the
Plaintiff and informed him that he needs a week’s time to attend this Court. In
view thereof, place the above Notice of Motion on 21st May, 2019, when the
Proprietor of the Defendant shall remain present in Court by himself and / or
through his Advocate, failing which the Court shall proceed to pass necessary
orders including issuing a warrant of arrest against him.

2. Stand over to 21st May, 2019 in Chambers. In the meantime, the
earlier ad-interim order shall continue.”