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2019 Supreme(SC) 263

A.M.SAPRE, DINESH MAHEHSWARI
Isha Distribution House Pvt. Ltd. – Appellant
Versus
Aditya Birla Nuvo Ltd. – Respondent


Advocates Appeared:
For the Appellants :K.V. Viswanathan, Sr.Adv., Mainak Bose, Amitabh Ray, S.Sukumaran, Anand Sukumar, Bhupesh Pathak, Ms.Meera Mathur, Advocates.
For the Respondents:Sanjiv Singh, Rajesh Singh Chauhan, Faisal Sherwani, Advocates.

JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. These appeals are filed against the final judgment and order dated 13.02.2017 in APOT No. 274 of 2016 and dated 02.05.2017 in RVWO No. 16 of 2017 passed by the High Court at Calcutta whereby the High Court dismissed the appeal and review petition filed by the appellant herein.

3. These appeals involve a short point as would be clear from the facts stated infra.

4. The appellant is the plaintiff whereas the respondents are the defendants in a civil suit out of which these appeals arise.

5. The appellant filed a civil suit (Civil Suit No. 88/2016) against the respondents for a declaration, damages and for grant of injunction etc. in the High Court at Calcutta on its original side.

6. The suit was filed inter alia for a declaration that the termination of two agreements dated 11.07.2007 and 21.05.2008 made by respondent No. 1 was wrongful and, therefore, both the agreements be declared as being bad in law. The other reliefs claimed in the suit were consequential in nature to the main relief.

7. The appellant (plaintiff) also filed an application and sought leave to file the civil suit as required under Clause 12 of the Letters Patent Act, 186





















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