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In 2005, assisted a Senior Counsel of the Hon’ble Bombay High Court in a writ petition filed on behalf of our client. Brief facts of the case are: Certain products were exempted from excise duty by circular issued by the Central Government. Our clients goods falling within that category. Hearing for refund of excise duty paid by our client held before asst. commissioner of excise department. Refund ordered and signed by asst. Commissioner but not communicated to our client. Asst. Commsioner transferred and his successor without hearing the matter passed another order reducing the refund amount. The Division Bench of Hon’ble Bombay High Court held that the judicial and quasi judicial authorities hearing the matter having jurisdiction to pass an order. Communication of the order to the parties not a mandatory condition for claiming relief under the order. Therefore any order which has been passed after exercising due powers and signed will be enforceable by the parties. An order was passed in favour of our client directing the Excise Department to refund the excess duty paid alongwith interest amounting to a sum of US$ 2,500,000. |
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Since early, 2006 attending the matter in Sessions court for a Bank Funds Scam involving Central Bureau of Investigation as applicants and our clients as two of the seven accused. Both our clients are currently out on Bail and discharge application in respect of one of our clients is pending for hearing. |
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In June, 2006 to February, 2007 worked with the legal team of a new DTH Service provider. The area of functioning was providing assistance in drafting various legal and commercial agreements like Leave & License and Lease agreement for immoveable premises, subscription agreement for prospective customers, distributor agreement for appointing distributors through out India, call centre agreement, agreement with business partner’s like ITC, LG. Preparing various notices to defaulting distributors or customers. Interpretation of various statues of the contract act and the Telegraph act amongst others. Attending their various litigations in the Bombay High court. |
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In August, 2006 preparing and filing a case in the Bombay high Court for passing off of a Trade Mark belonging to our client . Our client a DTH operator developed a specific and customized mark for its interactive services. The said mark was given enough publicity while launching the said DTH services and huge money was spent to market the said mark. However during one of the upcoming cricket series another rival DTH service provider used the said mark with slight modification to advertise its interactive services. The matter is still pending in the Hon’ble Bombay High Court. Our main contention in the suit is that the mark belongs to our client due to prior commercial usage and therefore permanent injunction alongwith damages should be given to our clients. |
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In June, 2007, part of legal team that successfully defended a copyright matter in the Hon'ble Bombay High Court on behalf of our firm's client operating "Direct To Home" satellite transmissions. The broadcaster plaintiff approached the court for a restraint order to prevent the firm's client from relaying a 5 day Cricket match being played in Ireland- without payment of royalty. Our client in defence relied on it's Statutory License with the Government which imposed an obligation on it to telecast, failing which it's license was susceptible to be revoked. In a 42 page order, the single judge held the obligation in the statutory licence as overriding the individual rights of the copy right holder. The said order carried in Appeal by the Plaintiff but was successfully defended by our team and the appeal was dismissed. |
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Part of legal team consisting Mr. Harish Salve, Learned Senior Counsel, Supreme Court, handling a criminal matter for kidnapping of a young boy. Our client has been charged with Sections 364A (kidnapping for ransom) read with 120B (Criminal Conspiracy) of Indian Penal Code. The matter has been contested in various courts and a Special Leave Petition arising from the abovementioned charges is pending before the Hon’ble Supreme Court for orders. We have been able to procure Bail for our client. The matter is still being tried by the Trial Court, however we have successfully been able to strengthen our clients case. |
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Appearing in a murder trial under section 302 read with section 120B conducted in the sessions court, Bombay for one of the accused. Breif facts of the case are that a lady, Canadian citizen was found murdered in his brother’s house. After investigating the matter for almost a year police unable to solve the case handed it over to DCB CID unit of Mumbai Crime Branch. One of the accused who carried out the said murder as per the police was arrested and after almost two years the said accused confessed to killing of the lady in some property dispute. On information given by him other arrests were arrested and chargesheet filed in the Sessions court. We have procured Bail for the client ,one of the accused, alongwith obtaining permission for him from the Hon’ble Bombay High Court, to travel abroad. |
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Attending a case filed by Brihunmumbai Municipal Corporation against our clients who are Landlords of a building in which certain illegal alterations has been carried out by some tenants. Our clients are being prosecuted by the Brihunmumbai Municipal Corporation in their capacity as Landlords and Trustees of the said building. We have successfully managed to procure stay from the Hon’ble Bombay High Court from proceeding against our clients. In the same matter the High Court also passed strictures against the Municipal Commissioner and the functioning of Municipality, based on our contentions put forward during arguments. |
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I successfully defended our firm’s client’s case alongwith other advocates in a Trust petition filed against them by the other trustees. Our clients are the managing trustee of family trusts. The petition was filed by a trustee alongwith one other trustee who was dismissed after majority of trustees voted against her. Further those said trustees also opposed the appointment of new trustees alongwith allegation of misappropriation. However all the said contentions of the said trustees were not admitted and their petition was dismissed. |
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Appearing in numerous cases filed for eviction and payment of outstanding dues filed by Mumbai Port Trust against our clients. Till date we have been able to successfully defend our clients case alongwith the possession of the respective land. |
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In a unique partnership dispute, where our clients were unilaterally “retired off” by other partners who sought to defraud our clients and usurp their valuable share in the immoveable property. The said immoveable property was sold to a builder without informing our clients by the other partners of the partnership. We succeeded in getting our client’s their share in the said immoveable premises. The matter is still pending before the Hon’ble Bombay High Court, however our client has already received his claim amount as per his available share in the said firm. |
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Various correspondence conducted with the Press Council of India on behalf of our clients have resulted in suitable action for defamation against a Daily Newspaper published from Mumbai. |
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Attending matter filed under Section 138 of Negotiable Instruments Act in the Esplanade Court on behalf of our clients, a reputated Yacht club against the Defaulting members for dishonour of Cheque. Previously successfully defended a matter in the city civil court, for the same client, filed by one of the members alleging improper functioning by the club’s committee and ill treatment to him by the office bearers of the club. |
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Part of legal team representing our clients case against ONGC before an Umpire appointed by the Hon’ble Bombay High Court. In this matter the contract signed by our client and ONGC was interpreted for the foreign exchange fluctuation, expatriate payments, Dollar rates etc. and RBI permissions for payment in US Dollar. The umpire has passed an award of approx US$ 1,600,000 in favour of our clients. |
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Various appearances in DRT and DRAT matters on behalf of our client a reputated Nationalised Bank. So far I have been successfully able to safeguard my clients interests and recover the outstanding amounts. |
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Part of legal team representing our client case in arbitration before retired judge of the Hon’ble Supreme Court. The matter related to certain construction area to be divided amongst our client and other builder. The Learned Arbitrator awarded the area as demanded by us to our client on the conclusion of the hearings. |