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

is passed, by consent :-

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

reproduced hereunder :

(a) That the Defendants’ by themselves, their servants, agents and
distributors, representatives, any person claiming through or under them be
restrained by a perpetual order and injunction from using in any manner in
relation to any of its goods bearing the impugned marks being Exhibit F1 & F2

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to the plaint, and or any other mark containing the mark ‘BIRLA’ or any other
deceptively similar mark/word or using the mark or word ‘BIRLA’ or in
combination with any other word or device or any other deceptively similar
mark/s containing the impugned word “BIRLA” written in any manner which
is identical with and/or deceptively similar to all the registered and well-known
“BIRLA” trademarks including the trademarks “BIRLA WHITE” under
No.524399 and 524400, “BIRLA LIFEGUARD” bearing No.979231;
“BIRLA PLUS (label)” 979233; “BIRLA PLUS” bearing No.979241;
“BIRLA SUPER” bearing No.983408; “BIRLA WHITE WALLCARE”
bearing No.1013125, “BIRLA WHITE GRC” bearing No.1118529; “BIRLA
WHITE TEXTURA” bearing No.1118533, “BIRLA WHITE TEXTURA”
bearing No.1118534, “BIRLA WHITE CEMENT (LABEL) bearing No.
1158690, “BIRLA WHITE The Whitest White Cement Used” bearing
No.1226077, Birla Plus Har Nirman Ki Jaan (label) under No.1487126;
“BIRLA WHITE LEVELPLAST (CONSTRUCTION)” bearing
No.1419133, “BIRLA WHITE WALLCARE” bearing No.2311264, “Birla
White WALLCARE No More flaking” bearing No.2311265, “BIRLA
WHITE WALLCARE PUTTY …” bearing No.2311266, “BIRLA WHITE
WALLCARE PUTTY … PAPDI KI CHHUTTI” bearing No. 2311267;
“BIRLA WHITE ZYPSOFINE – Super-White Calclined Gypsum Plaster”
bearing No.3685104, “BIRLA WHITE ZYPCOTE” – Premium Calcined
Gypsum Plaster bearing No.3612359, or parts thereof, so as to infringe the
Plaintiffs’ said registered trademarks or parts thereof.

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. 138 of 2010 registered with Kurla Police Station,

Mumbai on 14th March, 2019 under Sections 370 (3) of IPC and

under Sections 3, 4, 4, 7 (1) (b) of Immoral Traffic Prevention

Act, 1956 (PITA).

2) The F.I.R. is lodged by Police Constable Smt. Vijaya Shinde.

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It is mentioned in the F.I.R. that on 14.03.2019, the investigating

agency received secret information that prostitution was going on

in Kurla. The Police arranged for a bogus customer and sent him

to the place where the prostitution was conducted. The bogus

customer met the main Accused Nilopher Khan, who was

conducting that prostitution racket. Raid was conducted on the

premises. The victims were rescued and the main Accused

Nilopher Khan was arrested.

1. Defendant Nos.4 and 5 are present in Court. They have informed the Court

that they have no objection if the Court Receiver takes inventory of all the finished

materials lying in 11 depots and the units, particulars of which are set out at page 38 of

the Affidavit.

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2. The Court Receiver, High Court, Bombay shall appoint Officers to forthwith

visit the depots and units to prepare an inventory of the finished as well as unfinished

goods/products lying therein, in presence of the representatives of the parties.

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.”

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. 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.

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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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.

……

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.

ORAL JUDGMENT

Matter is called out for final hearing. Nobody appears for

appellant. Addl.P.P. Shri. Ukey has assisted the Court by arguing the

matter on behalf of respondent.

2] Additional Sessions Judge, Akot has in Sessions Trial No.

13 of 2005 (Old No.80 of 2002) vide judgment delivered on

11/08/2005 acquitted the accused Nos.2 to 22 of the offences

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punishable under Sections 147, 148, 395, 353, 427, 332, 333 read

with Section 149 of the Indian Penal Code, 1860 (For short “the

Code”). Accused No.1- Mazhar Ali s/o. Muzzafar Ali has been

convicted under Sections 147, 353 and 332 of the Code. For the

offences under Section 147 and 353 he is sentenced to suffer

rigorous imprisonment for six months and to pay fine of Rs.500/- or

in default rigorous imprisonment for one month. For offence under

Section 332 he is sentenced to suffer rigorous imprisonment for one

year and to pay fine of Rs.2000/- or in default to suffer further

rigorous imprisonment for three months. He is acquitted of all other

offences.