Bombay High Court
Hindustan Bidi Manufacturing And 2 Ors vs Silver Supari And General Stores And Anr on 25 March, 2019
Author: S.J.Kathawalla
Bench: S.J. Kathawalla
kpd 1 / 2 960-COMIP-387-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMMERCIAL IP SUIT NO. 387 OF 2018
Hindustan Bidi Manufacturing and others ... Plaintiffs
Versus
Silver Supari and General Stores and another ... Defendants
WITH
NOTICE OF MOTION NO. 766 OF 2018
Mr. Muralidhar Khadilkar alongwith Mr. Shekhar Bhagat instructed by MAG Legal
for the Plaintiffs.
Mr. Pawan Karkera for Defendant No.2.
Ms. S.R. Pandey for Defendant No.3.
Ms. Hiral Jadhav for Defendant Nos.5 and 6.
Mr. Pandey for Defendant Nos.7 and 8.
CORAM : S.J. KATHAWALLA, J.
DATED : 25th MARCH, 2019 P.C.:
1. The above Suit is filed by the Plaintiffs against the Defendants on the ground that they are infringing the Plaintiff's registered Trade Mark and copyright and are committing tort of passing off their goods as the goods of the Plaintiffs in the circumstances set out in the Plaint.
2. On 12th March, 2019, this Court passed the following order :
"Defendant Nos.4 and 9 are directed to remain present before this Court on 19th March, 2019 at 11.00 a.m. A copy of this Order shall be forthwith forwarded to Defendant Nos.4 and 9. Stand over to 19th March, 2019." ::: Uploaded on - 25/03/2019 ::: Downloaded on - 26/03/2019 03:36:46 :::
kpd 2 / 2 960-COMIP-387-2018.doc
3. However, today when the matter is called out, neither Defendant Nos.9 and 4 who are father and son respectively are present by themselves nor through their Advocates. In view thereof, following order is passed :- In view thereof, the following order is passed :-
i. Bailable Warrant in the sum of Rs.15,000/- each be issued against Defendant No.4 : Sohidul Islam Mondal, a sole proprietor of M/s. HindusthanBiri, having its office at Vill - Purunia, P.O. Raigram, P.S. Manteswar, District : Burdwan - 713 422, West Bengal and Defendant No.9 : Sohir Uddin Mondal, a sole proprietor of M/s. TekkaBiri Factory, having its office at Vill - Purunia, P.O. Raigram, P.S. Manteswar, District : Burdwan, - 713 422, West Bengal, returnable on 2nd April, 2019 at 3.00 p.m. ii. The Prothonotary and Senior Master shall forward the said bailable warrants to the concerned police authority with a direction to the said authority to execute the said bailable warrants and return the said executed bailable warrants to this Court before the returnable date.
Stand over to 2nd April, 2019 at 3.00 p.m. ( S.J.KATHAWALLA, J. ) ::: Uploaded on - 25/03/2019 ::: Downloaded on - 26/03/2019 03:36:46 :::