2015 (10) TMI 2086

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..... For Mr Vijay O Sharma, Advocate For the Respondent : Mr Hriday Buch, Advocate, Mr Rj Oza, Advocate ORAL ORDER (PER : HONOURABLE MR.JUSTICE JAYANT PATEL) 1. Draft amendment is granted. 2. In the first sitting, it was submitted by Mr. Nanavati, learned Senior Counsel for the petitioner that there is urgency in the matter since summons has been issued to petitioner No.2 to remain pre....

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....in the presence of the lawyer at a visible distance, the petitioner would be satisfied with the same. Whereas, Mr. Oza, learned counsel appearing for the respondent submitted that as such, the facts of those cases were different and, therefore, the decisions cannot be made applicable, as sought to be canvassed on behalf of the petitioner. However, he did submit that if this Court finds, considerin....

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....ogation is required after the petitioner remains present pursuant to the summons issued. We may also record that such a course has been adopted by this Court in the above referred two decisions. In any case, presence of the lawyer within sight and not within hearing range would not result into interference in interrogation process nor would adversely affect the rights of the Revenue authority for ....