Hindustan Bidi Manufacturing And 2 Ors vs Silver Supari And General Stores And Anr on 28 January, 2019

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Bombay High Court

Hindustan Bidi Manufacturing And 2 Ors vs Silver Supari And General Stores And Anr on 28 January, 2019

Bench: S.J. Kathawalla

kpd                                     1   / 2                   945-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. Hiren Kamod alongwith Mr. Harish Khedkar and Mr. Ravishekhar Pandey
instructed by VIS Legis Law Practice for the Defendants.
Mr. Devashish Mitra, Advocate from Fox Mandal Partners, present.
Proprietor of Defendant No.1 and Defendant No.3 are present.


                                       CORAM : S.J. KATHAWALLA, J.

DATED : 28th JANUARY, 2019 P.C.:

1. The Advocates for the Defendants have informed the Court that they are satisfied that Defendant No.3 has given them incorrect instructions in the past and have not come out clean; they are therefore not interested in representing the Defendant No.3.

2. Defendant No.3 is present in Court. He is directed to file his Affidavit and appear alongwith his new Advocate on 30th January, 2019.

3. Various allegations and counter allegations are made by the Defendants in the ::: Uploaded on - 29/01/2019 ::: Downloaded on - 30/01/2019 00:33:02 ::: kpd 2 / 2 945-COMIP-387-2018.doc matter. Allegations are also made against the firm of Fox Mandal Partners more particularly against Advocate Devashish Mitra who is in-charge of Fox Mandal Partners at Mumbai. Defendant No.1 today states that he has not even met Advocate Devashish Mitra who claims that he has prepared the Affidavit of Defendant No.1.

Advocate Devasish Mitra is unable to tell this Court on what basis the Junior Advocate from his office has identified Defendant No.1 at the time of affirmation of his Affidavit dated 21st February, 2018.

4. Normally, Advocates are not directed by the Court to file their personal Affidavit in Court. However, in view of the serious allegations made by Defendant No.1 and others against Advocate Devashish Mitra, he is directed to file his Affidavit setting out the correct facts in the matter. A copy of this order shall be forthwith forwarded to Mr. Som Mandal, Managing Partner, Fox Mandal - Kolkata.

5. Since Mr. Dev Narayan, as well as Mr. Akhil Ahmed who are present in Court states that it is Mr. Talibbhai from Nallasopara who controls the transactions qua the impugned goods and in view thereof, he has also assured them to take care of the legal expenses. Mr. Talibbhai is directed to appear before this Court on 30 th January, 2019, failing which this Court shall pass necessary orders to ensure his presence before the Court.

6. Stand over to 30th January, 2019.

( S.J.KATHAWALLA, J. ) ::: Uploaded on - 29/01/2019 ::: Downloaded on - 30/01/2019 00:33:02 :::

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