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Bombay High Court

Lanvin Synthetics Pvt Ltd And Anr vs Union Of India And 4 Ors on 18 August, 2022

Author: K. R. Shriram

Bench: K. R. Shriram

            Digitally signed
LAXMIKANT   by LAXMIKANT
            GOPAL
GOPAL       CHANDAN
CHANDAN     Date: 2022.08.19
            18:17:16 +0530
                                                                                 (907) wp-2842.22.doc




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION

                                         WRIT PETITION NO.2842 OF 2022

                  Lanvin Synthetics Private Limited & anr.           : Petitioners.
                        Versus
                  Union of India and ors.                            : Respondents.

                                                      -----
                  Mr.Darius Shroff, Senior Advocate a/w Mr. Rahul P Jain I/by Alpha Chambers
                  for Petitioners.
                  Mr. Anil C Singh, ASG a/w Ms. Shehnaz V Bharucha for Respondent Nos.1 and
                  5.
                  Mr. Anil C Singh, ASG a/w Mr. P S Jetly, Senior Advocate, Mr. J. B. Mishra, Mr.
                  Sham Walve and Ms. Sangeeta Yadav for Respondent No.2 to 4.
                                                       -----


                                            CORAM :      K. R. SHRIRAM &
                                                         A.S. DOCTOR, JJ.
                                            DATED :      18th AUGUST 2022

                  P.C.

                  1             In our view, there are specific statements made by Petitioners that

officers Priyadarshika Shrivastav, Piyush Shukla, Anurang Kumar and Udai Singh with Petitioners' help have prepared the document at Exhibit-Q to the Petition. Respondents have been denying that Exhibit-Q is Respondents' document but this denial is by an officer who was not present at the relevant time. Even on earlier occasion this Court had directed that these four officers should be called to confirm the statements, but still without confirming from those officers, statement is being made by Respondents that Exhibit-Q is not their document. We do not approve this stand of Respondents. We have also to lgc 1 of 2 (907) wp-2842.22.doc note that there is no reply to Exhibit-P and Exhibit-S annexed to the Petition denying the statements made therein, that these four officers were involved in making the statement at Exhibit-Q. 2 Learned ASG informed the Court that in view of the specific averments in the Petition in para-6(xx) and (xxi) and in view of what is stated in Exhibit-P to the Petition, letter dated 13 th January 2020 and Exhibit-S to the Petition, Letter dated 21st August 2020, Respondents will file affidavit of the officers mentioned in those letters, viz., Priyadarshika Shrivastav, Piyush Shukla, Anurang Kumar and Udai Singh.

3 Stand over to 08th September 2022.

[A.S. DOCTOR, J]                                   [K. R. SHRIRAM, J]




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