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1990 Supreme(Del) 121

P.K.BAHRI
CHURIARAM AGGARWAL – Appellant
Versus
AGGARWAL SWEET CORNER – Respondent


Advocates Appeared:
AMARJIT SINGH, H.P.SINGH, MANMOHAN SINGH

P. K. Bahri, J.

( 1 ) THIS petition has been brought under Section 401 read with Section 482. Code oi Criminal Procedure seeking setting aside of the order dated January 21, 1989 passed by Shri N. P. Kaushik Metropolitan Magistrate directing issuance of general search warrants under Section 93 of the Code of Criminal Procedure. It is. pleaded by. the petitioner that on the basis of the said search warrants the shop of the petitioner was sought to be searched.

( 2 ) FACTS leading to the filing of the present petition in brief, are that respondent M/s. Aggarwal Sweet Corner, a duly registered partnership firm under the Indian Partnership Act, filed the complaint through one of its partners, namely Vinod Kumar Aggarwal under Section 78 and 79 of the Trade and Merchandise Act 1958 pleading that the complainant is engaged ia the business of manufacturing sweets and "namkeens" for the last about four years and complainant is the proprietor of the Trade Mark "aggarwal" in respect of aforesaid goods and this particular trade mark was adopted with effect from June 1, 1984 and has been continaously used by the complainant and the business of the complainant firm is very extensive one and the















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