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2018 Supreme(Kar) 400

B.A.PATIL
R. Panchapakesan (Managing Director) – Appellant
Versus
Inspector of Legal Metrology The Department of Legal Metrology – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sri K. Kasturi, Smt. K. Subha Ananthi
For the Respondents: Sri I.S. Pramod Chandra, Sri S.R. Dodawad, Sri C. Shashikantha

ORDER :

The petitioners in these two writ petitions called in question the cognizance taken by the learned Principal Civil Judge and JMFC., Bhadravathi in CC.No.644/2013 and requested this Court to quash the proceedings.

2. As per the contentions of the petitioners in WP.Nos.10539-10541/2014, petitioner No.1 is the Chairman and petitioner Nos.2 and 3 are the Executive Directors of ITC Limited, a Company within the meaning of Companies Act, 2013 having its registered Office at No.37, Jawaharlal Nehru Road, Kolkotta. Petitioners in WP.Nos.10537-38/2014 are the Managing Director and Director respectively of the said Company. The said Company is engaged in various businesses inter alia manufacture and marketing of biscuits. One of the brands under which ITC Limited markets its biscuits is “Sunfeast”. This matter is with reference to a particular product called “Dark Fantasy-Choco Fills” which is a chocolate filled biscuit. Each chocolate filled biscuit is sealed separately in a small packet to prevent loss of moisture and taste. The packets containing these individual chocolate filled biscuits are not intended for sale as retail packages. Five or ten such individual packages are thereaft

















































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